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NATIONAL RIGHT TO WORK LEGAL DEFENSE, ETC. v. U. S.

No. 77-378-CIV-5.

487 F.Supp. 801 (1979)

NATIONAL RIGHT TO WORK LEGAL DEFENSE AND EDUCATION FOUNDATION, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. North Carolina, Raleigh Division.

December 21, 1979.

Attorney(s) appearing for the Case

Joseph C. Moore, Jr., Young, Moore, Henderson & Alvis, Raleigh, N. C., Richard H. Mansfield, III, Washington, D. C., Richard J. Clair, Fairfax, Va., Webster & Chamberlain, Washington, D. C., for plaintiff.

Robert L. Welsh, Atty. Tax Division, Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OF DECISION

DUPREE, Chief Judge.

The plaintiff, the National Right To Work Legal Defense and Education Foundation, Inc. (the Foundation), brings this tax refund action pursuant to 26 U.S.C. § 7422 against the United States contesting the conclusion of the Internal Revenue Service that the plaintiff is not a charitable organization and therefore exempt from taxation under the Internal Revenue Code. From the trial conducted by the court without...

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