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WERNER v. UNITED STATES

162 F.Supp. 316 (1958)

Arnold J. WERNER and Lucille Werner, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. Wisconsin.

June 5, 1958.

Attorney(s) appearing for the Case

Paul P. Lipton, Milwaukee, Wis., for plaintiffs.

Charles K. Rice, Asst. Atty. Gen., James P. Garland and M. Carr Ferguson, Attorneys, Dept. of Justice, Washington, D. C., Edward G. Minor, U. S. Atty., and Francis L. McElligott, Asst. U. S. Atty., Milwaukee, Wis., for defendant.

GRUBB, District Judge.

This is an action to recover alleged over-payment of income tax for the calendar year 1948.

Plaintiffs claim the Commissioner of Internal Revenue erroneously computed the tax liability on the basis of the rates applicable to a married person filing a separate return; that they should have been computed on the rates applicable to a joint return.

Plaintiff, Arnold J. Werner, requested an extension of time to file his 1948 return...

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