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WARRICK v. UNITED STATES

Civ. A. No. 17681.

177 F.Supp. 481 (1959)

Charles F. WARRICK and Mabel B. Warrick, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. Michigan, S. D.

October 8, 1959.

Attorney(s) appearing for the Case

James P. Mattimoe, Detroit, Mich., for plaintiffs.

Howard A. Heffron, Acting Asst. Atty. Gen., James P. Garland, Lyle M. Turner, Robert H. Kapp, Attys., Dept. of Justice, Washington, D. C., Fred W. Kaess, U. S. Atty., Elmer L. Pfeifle, Jr., Asst. U. S. Atty., Detroit, Mich., for defendant.

LEVIN, District Judge.

This is an action by plaintiffs, Charles F. Warrick and Mabel B. Warrick, his wife, to secure a tax refund for the year 1954. Defendant, United States of America, not only denies plaintiffs' right to a refund but filed a counterclaim based on a deficiency assessment. The counterclaim is not contested by the plaintiffs.

The questions presented are whether plaintiff, Charles F. Warrick, hereinafter referred to as the taxpayer, as the sole...

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