McCauley v. United States

HENLEY, Chief Judge.

This suit for refund of federal income taxes paid by plaintiff for the years 1956 and 1957 was tried to a jury and submitted on special interrogatories as authorized by Rule 49(a), Federal Rules of Civil Procedure, 28 U.S.C.A. The jury answered the interrogatories in a manner favorable to plaintiff, and defendant has now moved for the entry of judgment in its favor notwithstanding the jury’s answers to the interrogatories.

Plaintiff, Mrs. Trevanion M. Fulbright McCauley, during 1956 and part of 1957 was the widow of C. C. Fulbright who died testate on June 29, 1953, naming…