UNITED STATES v. S & A COMPANY

No. 17555.

338 F.2d 629 (1964)

UNITED STATES of America, Appellant, v. S & A COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

November 27, 1964.


Attorney(s) appearing for the Case

Harry Marselli, Tax Div., Dept. of Justice, Washington, D. C., made argument for appellant. Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, William A. Friedlander, Dept. of Justice, Washington, D. C., and Miles W. Lord, U. S. Atty., Minneapolis, Minn., and Leigh J. Gard, Asst. U. S. Atty., Minneapolis, Minn., were on the brief.

John S. Hibbs, Minneapolis, Minn., made argument and filed brief for appellee; John W. Windhorst and Dorsey, Owen Marquart, Windhorst & West, Minneapolis, Minn., were with him, on the brief.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.


BLACKMUN, Circuit Judge.

This tax controversy centers on the unanticipated and non-customary good-faith sale, during the taxpayer's fiscal year 1956, of all operating assets used in its business of manufacturing and marketing outboard motors. The sale price was greater than the assets' adjusted basis at the beginning of the tax year and, indeed, was even greater than original cost. The question is whether, on these facts, the taxpayer is entitled to any deduction...

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