KUNEY v. FRANK

Nos. 17507-17509.

308 F.2d 719 (1962)

Max KUNEY, Jr., and Constance K. Kuney, His Wife; Max J. Kuney, Sr., Olive R. Kuney, Appellants, v. William E. FRANK, District Director of Internal Revenue, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 16, 1962.


Attorney(s) appearing for the Case

Clodfelter & Bowden, and Allen A. Bowden, Seattle, Wash., for appellants.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, and Donald P. Horwitz, Attys., Dept. of Justice, Washington, D. C., Brockman Adams, U. S. Atty., Seattle, Wash., for appellee.

Before HAMLIN, MERRILL and DUNIWAY, Circuit Judges.


DUNIWAY, Circuit Judge.

In these three cases we are again in the never-never land of family partnerships and the income tax. Each case is an action to recover taxes claimed to have been illegally collected, following denial of claims for refund. The cases were consolidated for trial and are also consolidated on appeal. A jury returned a verdict in favor of the appellant taxpayers. Thereafter, pursuant to Rules 50(b) and 59, F.R.Civ.P., 28 U.S.C.A., a motion was made...

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