Byron v. Boone and Audray S. Boone v. United States

WILLIAM E. DOYLE, Circuit Judge.

This is a tax refund case in which the taxpayers prevailed and in which the government seeks reversal. The principal plaintiff-appellee is Byron V. Boone who filed a claim for a tax refund for the year 1964 in the amount of $46,412.-88. Following administrative denial of his claim, he prosecuted an action in the United States District Court for the Northern District of Oklahoma. The jurisdictional basis for the action is 28 U. S.C. § 1291.

The question presented to us is whether the taxpayer, who was a ten percent shareholder in a closely held insurance company,…