STOREY v. UNITED STATES

No. 1368.

193 F.Supp. 769 (1961)

Barckley A. STOREY and Martha Storey, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court E. D. Kentucky.

April 21, 1961.


Attorney(s) appearing for the Case

William R. Bagby, Lexington, Ky., for plaintiffs.

Jean L. Auxier, U. S. Atty., Lexington, Ky., Charles K. Rice, Asst. Atty. Gen., James P. Garland, Jerome Fink, Melvyn I. Mark, Attys. Dept. of Justice, Washington, D. C., for the United States.


HIRAM CHURCH FORD, Chief Judge.

By this action the plaintiffs, Barckley A. Storey and his wife Martha Storey, seek to recover Internal Revenue tax alleged to have been erroneously assessed and collected from them for the year 1954, 28 U.S.C.A. § 1346(a) (1).

The facts which give rise to this litigation are set out in the stipulation made and entered into by counsel for the parties, as follows:

"1. This suit is for the recovery of Federal income...

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