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DINGMAN v. UNITED STATES

No. 4-68-Civ. 119.

303 F.Supp. 110 (1969)

Aloyius T. and Gladys DINGMAN, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Minnesota, Fourth Division.

June 5, 1969.

Attorney(s) appearing for the Case

Dennis M. Mathisen, Lindquist & Vennum, Minneapolis, Minn., for plaintiffs.

Daniel J. Dinan, Tax Div., Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM DECISION AND ORDER FOR JUDGMENT

LARSON, District Judge.

This is a suit for the recovery of income taxes and interest in the sum of $4,332.34, paid by the taxpayers for the year 1965, plus statutory interest thereon. The case was submitted to the Court on a stipulation of facts. The issue to be resolved is whether or not payments made to the taxpayers for fill removed from their property were proceeds from the sale of a capital asset or ordinary...

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