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TEMPLETON COAL COMPANY v. UNITED STATES

No. 68-C-10.

301 F.Supp. 592 (1969)

TEMPLETON COAL COMPANY, Inc., Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court S. D. Indiana, Terre Haute Division.

March 3, 1969.

Attorney(s) appearing for the Case

Dix, Dix, Patrick, Ratcliffe & Adamson, by Thomas Patrick, Terre Haute, Ind., Baker & Daniels, by Richard E. Aikman, Indianapolis, Ind., for plaintiff.

Mark S. Rothman, Trial Atty., Tax Division, Dept. of Justice, Washington, D. C., K. Edwin Applegate, U. S. Dist. Atty., Southern District of Ind., Indianapolis, Ind., for defendant.

MEMORANDUM OPINION

HOLDER, District Judge.

The plaintiff brings this action for refund of accumulated earnings (Section 531 I.R.C.) tax erroneously assessed for three tax years ending August 31, 1961, 1962 and 1963. The issues were presented by the three count complaint filed February 13, 1968 and the answer consisting of one defense to each count of the complaint.

Templeton Coal Company, Inc., is a corporation organized under the laws of the State...

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