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LAZONBY v. TOMLINSON

Civ. A. No. 387.

272 F.Supp. 558 (1967)

J. Lance LAZONBY and Shirley B. Lazonby his wife, Plaintiffs, v. Laurie W. TOMLINSON, former District Director of Internal Revenue Service for the District of Florida, Defendant.

United States District Court N. D. Florida, Gainesville Division.

May 4, 1967.

Attorney(s) appearing for the Case

Chester Bedell, Robert P. Smith, Jr., of Bedell, Bedell, Dittmar & Smith, Jacksonville, Fla., for plaintiffs.

Eugene P. Kopp, Atty. Tax Div., Dept. of Justice, Washington, D. C., Clinton Ashmore, U. S. Atty., Tallahassee, Fla., for defendant.

CARSWELL, Chief Judge.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

The basic issue here is whether taxpayers Lazonby and wife, are entitled to take deductions for losses from activities characterized as "farming operations" in Alachua County, Florida, within this district. There are three taxable years involved here: 1959, 1960 and 1961. There is no question about the jurisdiction of this Court. The record shows that a jury has been waived, the taxes have been...

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