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MERCANTILE BANK & TRUST COMPANY v. UNITED STATES

Nos. 17206-1, 17207-1.

312 F.Supp. 1164 (1970)

MERCANTILE BANK AND TRUST COMPANY, as Trustee of the Troost Avenue Cemetery Company Abbey Fund Trust, Plaintiff, v. UNITED STATES of America, Defendant. COMMERCE TRUST COMPANY, as Trustee of the Troost Avenue Cemetery Company Chapel Gardens Mausoleum Trust, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, W. D. Missouri, W. D.

May 21, 1970.

Attorney(s) appearing for the Case

Charles W. Hess, Linde, Thompson, Van Dyke, Fairchild & Langworthy, Kansas City, Mo., for plaintiffs.

Jerome Fink, Michael C. Durney, Tax Div., Dept. of Justice, Washington, D. C., Calvin K. Hamilton, Asst. U. S. Atty., Kansas City, Mo., for defendant.

MEMORANDUM AND ORDER

JOHN W. OLIVER, District Judge.

I

The plaintiffs in this consolidated action are the trustees of two perpetual care funds dedicated to providing care for two respective mausoleums at the Troost Avenue Cemetery. Plaintiff Commerce Trust Company seeks to recover $11,432.69 and plaintiff Mercantile Bank and Trust Company seeks to recover $34,114.40, which the respective trusts had paid for capital gains taxes for the year 1967...

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