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SMITH v. UNITED STATES

No. 67-1133-Civ.

301 F.Supp. 1016 (1969)

Ballard F. SMITH and Helen Smith, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. Florida.

April 14, 1969.

Attorney(s) appearing for the Case

James O. Murphy, Jr., of Rimes & Greaton, Fort Lauderdale, Fla., for plaintiffs.

Lavinia L. Redd, Asst. U. S. Atty., Miami, Fla., for defendant.

MEMORANDUM OPINION

FULTON, Chief Judge.

The Plaintiffs, Dr. and Mrs. Smith, instituted this action against the United States for a refund of income taxes in the amount of $7,954.39 for the year 1965. They claim that said amount was collected from them erroneously in that the Commissioner determined that Dornberger Smith Ferayorni McKay Lauderdale Group Professional Association (hereinafter referred to as the "Professional Association") was taxable as a partnership...

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