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ALLEN v. UNITED STATES

No. CV 77-578-FW.

439 F.Supp. 463 (1977)

Lewis J. ALLEN, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, C. D. California.

As Amended October 7, 1977.

Attorney(s) appearing for the Case

Stuart W. Knight, Anaheim, Cal., for plaintiff.

Robert L. Brosio, U. S. Atty., Charles H. Magnuson, Asst. U. S. Atty., Chief, Tax Div., William J. James, Asst. U. S. Atty., Los Angeles, Cal., for defendant.

MEMORANDUM OF DECISION

WHELAN, District Judge.

Plaintiff brings this action to recover alleged overpayment of federal income tax. Between 1970 and 1972, while he was employed as a member of the Armed Services, Plaintiff failed to file income tax returns. On June 26, 1976, claims were filed for the refund of taxes paid during those years; such taxes were paid by Plaintiff's said employer by withholding a portion of his salary for the years 1970 to 1972. The...

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