CUMMINS DIESEL SALES CORPORATION v. UNITED STATES

No. 71-1378.

459 F.2d 668 (1972)

CUMMINS DIESEL SALES CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 28, 1972.


Attorney(s) appearing for the Case

Walter W. Brudno, Dallas, Tex., William F. Welch, Indianapolis, Ind., Kilgore & Kilgore, Dallas, Tex., McHale, Cook & Welch, Indianapolis, Ind., for plaintiff-appellant.

Johnnie M. Walters, Asst. Atty. Gen., Virginia M. Hopkinson, Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., Stanley B. Miller, U. S. Atty., Indianapolis, Ind., Meyer Rothwacks, Paul M. Ginsburg, Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before FAIRCHILD and SPRECHER, Circuit Judges, and CAMPBELL, Senior District Judge.


PER CURIAM.

This is an appeal from a judgment for the United States in an action for refund of income taxes. Appellant taxpayer held preferred stock with provisions requiring cumulation of unpaid dividends. The stock was redeemed and sums paid to taxpayer were equal to par value plus accumulated, unpaid, accrued dividends, not previously declared. We agree with the district court, following a longstanding administrative interpretation, that since the dividends had...

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