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DELK INVESTMENT CORPORATION v. UNITED STATES

No. 62 C 267(3).

228 F.Supp. 545 (1964)

DELK INVESTMENT CORPORATION, (a Missouri corporation), Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Missouri, E. D.

March 5, 1964.

Attorney(s) appearing for the Case

John Lewis Kelly, Washington, D. C., James F. McCarthy, Clayton, Mo., for plaintiff.

Richard D. FitzGibbon, Jr., U. S. Atty., John A. Newton, Asst. U. S. Atty., St. Louis, Mo., for defendant.

REGAN, District Judge.

This is a suit for refund of amounts assessed and collected as personal holding company taxes under the provisions of Section 541 and 545(b) (5), Title 26 U.S.C.A. (All statutory references are to the Internal Revenue Code of 1954 unless otherwise specified.) Jurisdiction of the cause is established under Section 1346(a) (1) Title 28 U.S.C.A. The material facts are not in dispute.

The plaintiff, Delk Investment Corporation, is a personal...

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