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HONAKER, DRLG., INC. v. KOEHLER

No. W-1819.

190 F.Supp. 287 (1960)

HONAKER, DRLG., INC., a corporation, Joe J. Honaker, H. C. Davis, H. S. Forbes, individually and as directors of Honaker Drlg., Inc., Ruby Lee Honaker, Jimmie Joe Honaker, a minor, and Stevie Lee Honaker, a minor, by Joe J. Honaker, their next friend and guardian of their estates, Plaintiffs, v. Gustave F. KOEHLER, District Director of Internal Revenue of the United States for the District of Kansas, Defendant.

United States District Court D. Kansas.

December 30, 1960.

Attorney(s) appearing for the Case

Barton Carothers, Great Bend, Kan., and Collins, Hughes, Martin, Pringle & Schell, by Robert Martin, W. F. Schell and Laverne Morin, Wichita, Kan., for plaintiffs.

Charles K. Rice, Asst. Atty. Gen., James P. Garland, Myron C. Baum, Arthur L. Biggins, Melvyn I. Mozinski, Attys., Dept. of Justice, Washington, D. C., Wilbur G. Leonard, U. S. Atty., Topeka, Kan., and George E. Peabody, Asst. U. S. Atty., Wichita, Kan., for defendant.

ARTHUR J. STANLEY, Jr., District Judge.

This is an action to recover income taxes paid on behalf of Honaker Drlg., Inc., a liquidated corporation. The liquidated corporation appears by its last directors, Joe J. Honaker, H. C. Davis and H. S. Forbes. The individual plaintiffs were the shareholders of the corporation. The district director determined that the provisions of section 337 of the Internal Revenue Code, 26 U.S. C.A. § 337, were not available to Honaker...

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