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FUQUA NATIONAL, INC. v. UNITED STATES

Civ. A. Nos. 1390, 1391.

334 F.Supp. 1116 (1971)

FUQUA NATIONAL, INC., Plaintiff, v. UNITED STATES of America, Defendant. J. B. FUQUA and Donald MacDonald, as Trustees for WJBF Employees Profit Share and Retirement Trust, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S. D. Georgia, Augusta Division.

December 2, 1971.

Attorney(s) appearing for the Case

Sanders, Hester, Holley, Askin & Dye, Augusta, Ga., for plaintiffs.

R. Jackson B. Smith, Jr., U. S. Atty., Augusta, Ga., Johnnie M. Walters, Asst. Atty. Gen., John F. Murray, James M. Stabler, Attys., Dept. of Justice, Washington, D. C., for defendant.

ORDER

LAWRENCE, Chief Judge.

In these actions plaintiffs sue to recover income taxes paid under protest following disallowance of deductions in connection with an Employees' Profit Share and Retirement Trust. The Commissioner ruled that the Trust had engaged in a prohibited transaction during the fiscal year 1958-1959 and that it thereby lost its status as an exempt organization.1

The transaction concerned was the alleged...

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