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FITCH v. UNITED STATES

No. KC-2617.

299 F.Supp. 1170 (1969)

Thomas M. FITCH and John S. Harrow, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Kansas.

March 3, 1969.

Attorney(s) appearing for the Case

Max H. Bergman, Spencer, Fane, Britt & Browne, Kansas City, Mo., Ernest N. Yarnevich, Carson, Dear, Yarnevich, Mahoney, Carey & Fields, Kansas City, Kan., for plaintiffs.

John DeBruyn, Atty., Tax Div., Dept. of Justice, Washington, D. C., Thomas E. Joyce, Asst. U. S. Atty., Benjamin E. Franklin, U. S. Atty., Kansas City, Kan., for defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND MEMORANDUM OPINION

THEIS, District Judge.

This case came on for trial before the Court pursuant to agreement of the parties. It is a tax refund suit in which the sole issue is whether a $24,000.00 payment authorized in August, 1962, by Kansas City Structural Steel Company, a corporation, to Mrs. Marjorie H. Fitch, widow of its deceased president, was a gift within the...

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