Anthony J. Foyt, Jr., and Lucy A. Foyt v. United States of America, Ann W. Childs, Etc. v. United States

JAMES C. HILL, Circuit Judge:

Plaintiffs filed these consolidated suits to recover income taxes and statutory interest paid or allegedly owing for the tax years 1969 and 1970. The first suit (hereinafter referred to as the Square 173 suit) concerns taxes paid for the years 1969 and 1970 by appellants Leonard H. Childs, deceased, Ann W. Childs, Anthony J. Foyt, Jr., and Lucy A. Foyt. The second suit (hereinafter referred to as the Bradco suit) concerns taxes paid for the year 1970 by the Foyts. The plaintiffs raise three issues on appeal in the Square 173 suit: (1) whether the plain tiffs…