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IDAHO MUTUAL BENEFIT ASSOCIATION v. UNITED STATES

No. 3862.

262 F.Supp. 222 (1966)

IDAHO MUTUAL BENEFIT ASSOCIATION and Old West Life Insurance Company, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Idaho, S. D.

December 15, 1966.

Attorney(s) appearing for the Case

Marion J. Callister, Millar & Callister, Boise, Idaho, for plaintiffs.

Mitchell Rogovin, Asst. Atty. Gen., Jerome Fink, Kenneth L. MacCardle, and Gary P. Smith, Attorneys, Department of Justice, Washington, D. C. Sylvan A. Jeppesen, U. S. Atty., Jay F. Bates, Asst. U. S. Atty., Boise, Idaho, for defendant.

MEMORANDUM OF OPINION

FRED M. TAYLOR, Chief Judge.

This action was instituted to recover a refund on income taxes paid for the years 1956, 1957 and 1958 in the total sum of $50,170.20, together with interest from the date of payment of the taxes for each of the years in question. The jurisdiction of this court is under 28 U.S.C.A. § 1346(a) (1).

At all times material to this cause the Idaho Mutual Benefit Association (hereinafter referred to...

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