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IRVINE v. UNITED STATES

Civ. Nos. 4461, 4551, 4609.

212 F.Supp. 937 (1963)

Van R. IRVINE and Herma W. Irvine, Plaintiffs, v. UNITED STATES of America, Defendant (two cases). MORTONS INCORPORATED, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Wyoming.

January 24, 1963.

Attorney(s) appearing for the Case

Loomis, Lazear & Wilson, Cheyenne, Wyo., and Holland & Hart, Denver, Colo., for plaintiffs in each case.

Robert N. Chaffin, U. S. Atty., Cheyenne, Wyo., and Burton A. Schwalb, Atty., Dept. of Justice, Tax Division, Washington, D. C., for defendant in each case.

KERR, District Judge.

Plaintiffs brought these actions pursuant to Section 1346(a) of Title 28, U.S. C., seeking to recover income taxes which they allege were illegally, erroneously and excessively assessed and collected by the government. The facts and issues raised by the pleadings are so nearly identical that the three cases were consolidated for trial and for the purposes of this opinion they are now considered together...

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