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CLARK OIL AND REFINING CORPORATION v. UNITED STATES

Civ. A. No. 67-C-318.

326 F.Supp. 145 (1971)

CLARK OIL AND REFINING CORPORATION, a Wisconsin corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. Wisconsin.

May 3, 1971.

Attorney(s) appearing for the Case

Roger C. Minahan, John L. Palmer, and Alfred A. Heon, Milwaukee, Wis., for plaintiff.

Johnnie M. Walters, Asst. Atty. Gen., by David A. Wilson, Jr., Daniel J. Dinan, Nestor M. Nicholas, Attys., Dept. of Justice, Washington, D. C., and David J. Cannon, U. S. Atty., Milwaukee, Wis., for defendant.

REYNOLDS, Judge:

OPINION AND ORDER

This is a suit for refund of $185,431.20 of federal income taxes which the plaintiff paid after the Commissioner of Internal Revenue disallowed a $322,500 deduction on the taxpayer's federal income tax returns for the fiscal years of 1959 and 1960. The issue is whether the amounts paid by taxpayer in settlement of litigation, which involved the transfer of real estate, and attorneys' fees were deductible as ordinary and...

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