MT. HEBRON CORPORATION v. UNITED STATES

No. 45169.

51 F.Supp. 851 (1943)

MT. HEBRON CORPORATION v. UNITED STATES.

Court of Claims.

October 4, 1943.


Attorney(s) appearing for the Case

R. M. O'Hara, of Detroit, Mich., for plaintiff.

John A. Rees, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER and MADDEN, Judges.


WHITAKER, Judge.

This is a suit to recover capital stock tax on the ground that plaintiff was not engaged in business.

Singer, Schlein and Cohen were managers of cemetery properties, including the Cedar Grove Cemetery Association. The senior partners wanted their sons, who were also members of the partnership, to acquire an interest in this company. Rutherford H. Walker and Thaddeus Walker had 10,000 shares of its stock which they were willing to sell for...

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