THOMSEN, Senior District Judge.
In this civil action, tried to the court without a jury, Benjamin Clayten (Clayten) and his wife seek a refund of federal income tax and interest in the total amount of $33,781.91 paid for the year 1964, and a refund of such tax and interest in the total amount of $298.22 paid for 1967.
The principal question presented is whether the stock of Inn, Inc. (Inn), owned by Clayten, qualified as stock issued under a plan adopted in...
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