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CLUB MARTINIQUE, INC. v. UNITED STATES

Civ. No. 67-315.

293 F.Supp. 50 (1968)

CLUB MARTINIQUE, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court W. D. Oklahoma.

September 13, 1968.

Attorney(s) appearing for the Case

Gus Rinehart, of Rinehart, Morrison, Cooper & Stewart, Oklahoma City, Okl., John E. Marshall, Oklahoma City, Okl., for plaintiff.

Mitchell Rogovin, Asst. Atty. Gen., John O. Jones, Gene A. Castleberry, Tax Division, Dept. of Justice, Fort Worth, Texas, for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

EUBANKS, District Judge.

This is an action for refund of taxes alleged to have been erroneously assessed against and collected from Club Martinique for the second quarter of 1964, pursuant to Section 4231(6) of the Internal Revenue Code of 1954 (26 U.S.C. § 4231, since repealed). The Government, in addition to insisting that the tax was properly and legally assessed has counterclaimed seeking judgment against...

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