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MOUND CITY MACARONI COMPANY v. UNITED STATES

No. 65 C 87(3).

258 F.Supp. 200 (1966)

MOUND CITY MACARONI COMPANY, a corporation, Plaintiff, v. UNITED STATES of America, Defendant.

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

August 24, 1966.

Attorney(s) appearing for the Case

William C. Connett, IV, and Harold G. Blatt, St. Louis, Mo., for plaintiff.

Richard D. FitzGibbon, Jr., U. S. Atty., St. Louis, Mo., by John M. Bray, U. S. Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OPINION AND ORDER

REGAN, District Judge.

This is an action for refund of income taxes in the aggregate amount of $54,539.34 plus interest. The tax years involved are 1958 and 1959. The issue is whether the V. Viviano & Bros. Macaroni Mfg. Co. (Viviano), which was merged into Mound City Macaroni Co. (Mound City) in January, 1962 realized taxable income when certain of its creditors to which Viviano owed a total of $237,290.64 accepted $87,000...

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