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DAKIL v. UNITED STATES

Nos. 73-1607 and 73-1608.

496 F.2d 431 (1974)

Maxine DAKIL, Individually and as Executrix of the Estate of Louis N. Dakil, Deceased, Plaintiff-Appellant and Cross-Appellee, v. UNITED STATES of America, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 6, 1974.

Attorney(s) appearing for the Case

James K. Peden, III, Dallas, Tex. (Royal H. Brin, Jr., and Strasburger, Price, Kelton, Martin & Unis, Dallas, Tex., of counsel, on the brief), for plaintiff-appellant and cross-appellee.

Robert S. Watkins, Atty., Tax Div., Dept. of Justice (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks and Jonathan S. Cohen, Attys., Tax Div., Dept. of Justice, and Richard A. Pyle, U. S. Atty., of counsel, on the brief), for defendant-appellee and cross-appellant.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Dr. Louis N. Dakil and his wife Maxine sued for a refund of federal income taxes and the government counterclaimed for additional taxes and fraud penalties. Dr. Dakil died during pendency of the suit and his wife was named executrix of his estate. The case was tried to a jury and on the basis of its answers to special interrogatories the court entered judgment against the executrix in the amount of $28,386.04 ($17,574.11 as taxes and ...

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