JONES v. UNITED STATES

Nos. 14486, 14487.

226 F.2d 24 (1955)

Harry JONES, Appellant, v. UNITED STATES of America, Appellee. Carrie A. JONES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 29, 1955.


Attorney(s) appearing for the Case

John S. Moore, Jr., Yakima, Wash., Dwight A. Halstead, Prosser, Wash., E. F. Velikanje, Yakima, Wash., for appellants.

H. Brian Holland, Asst. Atty. Gen., William B. Bantz, U. S. Atty., William M. Tugman, Asst. U. S. Atty., Spokane, Wash., for appellee.

Before HEALY, POPE and CHAMBERS, Circuit Judges.


HEALY, Circuit Judge.

Appellants, husband and wife, are wheat farmers in eastern Washington. They brought these suits in the district court to recover overpayments of income taxes for the calendar year 1946. The suits involve identical facts and were by common consent consolidated for trial. The appeals are from a judgment denying recovery.

While proof on both sides was made by affidavits, the facts are in effect stipulated. In January of 1947 appellants delivered...

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