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CEDAR GROVE LIME COMPANY v. UNITED STATES

Civ. Nos. 2878, 2879.

249 F.Supp. 889 (1965)

CEDAR GROVE LIME COMPANY, Inc., a dissolved corporation, by its directors and stockholders, Fred Fleming, W. E. McDonald, James R. Johnson, and Frank Miller v. UNITED STATES of America. Melba FLEMING, Executor of the Estate of Fred Fleming, as transferee of Cedar Grove Lime Company, Inc., a dissolved corporation v. UNITED STATES of America.

United States District Court M. D. Tennessee, Nashville Division.

November 16, 1965.

Attorney(s) appearing for the Case

Joe W. Henry, Jr., Henry & Henry, Pulaski, Tenn., James W. Allen, Nashville, Tenn., for plaintiffs.

James F. Neal, U. S. Atty., Nashville, Tenn., J. W. Watkins, U. S. Dept. of Justice, Washington, D. C., for defendant.

GRAY, District Judge.

Plaintiffs brought these actions to recover certain sums paid by them as income taxes and interest for the year 1952. In 1952, the Cedar Grove Lime Company, Inc., operated a quarry in Giles County, Tennessee. On its tax return for that year it took a deduction for depletion on the material which it mined at the rate of ten percent. Later, after it was dissolved, Cedar Grove, by its former stockholders, filed a claim for refund in which it asserted...

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