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ORGILL BROTHERS & CO. v. UNITED STATES

Civ. No. C-71-465.

375 F.Supp. 125 (1974)

ORGILL BROTHERS & CO. (formerly Orgill Brothers and Company), Plaintiff, v. UNITED STATES of America, Defendant.

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

March 1, 1974.

Attorney(s) appearing for the Case

Hubert A. McBride, Memphis, Tenn., for plaintiff.

Scott P. Crampton, Asst. Atty. Gen., Tax. Div., Dept. of Justice, Washington, D. C., Thomas F. Turley, Jr., U. S. Atty., Memphis, Tenn., for defendant.

MEMORANDUM OPINION AND JUDGMENT

McRAE, District Judge.

This is an action under 28 U.S.C. § 1346(a) whereby the plaintiff corporation seeks recovery of $10,538.66 of the federal corporate income tax it paid for the year 1965. The disputed sum is equal to the additional tax plaintiff was required to pay because the Internal Revenue Service refused to allow it and its subsidiary corporations to file separate returns in 1965. Plaintiff and its subsidiaries...

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