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PAYTE v. UNITED STATES

Civ. A. No. 4-76-344-E.

492 F.Supp. 518 (1979)

Samuel G. PAYTE v. UNITED STATES of America.

United States District Court, N. D. Texas, Fort Worth Division.

January 8, 1979.

Attorney(s) appearing for the Case

Daniel L. Penner, John G. Truelson, Fort Worth, Tex., for plaintiff.

M. Bruce Peele, Tax Div., Dept. of Justice, U. S. Atty., Michael P. Carnes, Asst. U. S. Atty., Martha Joe Stroud, Dallas, Tex., for defendant.

MEMORANDUM OPINION

MAHON, District Judge.

This lawsuit is a civil action for the refund of Federal income taxes pursuant to 28 U.S.C. § 1346(a)(1). The case is before the Court on cross-motions for summary judgment.

Plaintiff Samuel Payte was involved in two business partnerships with E. L. Baker and Irwin Krauss which dealt in real estate joint ventures for the development of commercial and residential property. In 1968 the plaintiff and his...

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