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BELCHER v. O'DONNELL

Civ. A. Nos. 66-101-66-104.

270 F.Supp. 835 (1967)

W. A. BELCHER and Nell V. Belcher, Plaintiffs, v. A. J. O'DONNELL, Jr., District Director of Internal Revenue, Defendant. Van Elam BELCHER and Lilli D. Belcher, Plaintiffs, v. A. J. O'DONNELL, Jr., District Director of Internal Revenue, Defendant. William A. BELCHER, Jr., Plaintiff, v. A. J. O'DONNELL, Jr., District Director of Internal Revenue, Defendant. Katherine Anne Belcher HAYDOCK, Plaintiff, v. A. J. O'DONNELL, Jr., District Director of Internal Revenue, Defendant.

United States District Court N. D. Alabama, S. D.

June 29, 1967.

Attorney(s) appearing for the Case

Erle Pettus, Jr., of Rives, Peterson, Pettus & Conway, Birmingham, Ala., for plaintiffs.

Macon L. Weaver, U. S. Atty., and E. Ray Acton, Asst. U. S. Atty., Birmingham, Ala., and Mitchell Rogovin, Asst. Atty. Gen., Myron C. Baum and Jack D. Warren, Attys., Department of Justice, Washington, D. C., for defendant.

OPINION

LYNNE, Chief Judge.

Involving common questions of law and fact, these four actions were consolidated for purpose of trial and submitted to the court, without the intervention of a jury, upon the pleadings, the order on pretrial hearing and the proof. Plaintiffs, members of the same family, seek a recovery of income taxes in the aggregate amount of $129,991.90 which were assessed and collected for the year 1954 as will hereinafter more fully appear...

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