GROSS-GIVEN MFG. CO. v. KELM

Civ. A. No. 3198.

99 F.Supp. 144 (1951)

GROSS-GIVEN MFG. CO. v. KELM, Collector of Internal Revenue.

United States District Court D. Minnesota, Fourth Division.

July 7, 1951.


Attorney(s) appearing for the Case

Robert A. Levitt, Minneapolis, Minn., for plaintiff Gross-Given Mfg. Co.

The following appear as attorneys for the defendant Elmer F. Kelm:

Theron Lamar Caudle, Asst. Atty. Gen., Andrew D. Sharpe and Maurice P. Wolk, Sp. Assts. to the Atty. Gen., C. U. Landrum, U. S. Atty., and Wm. P. Murphy, Asst. U. S. Atty., District of Minnesota, St. Paul, Minn., for defendant Kelm.


JOYCE, District Judge.

The facts in the above matter are before this court upon a stipulation agreed to between the parties. The questions raised are two. First, did the Treasury Department err in limiting plaintiff, who for the purposes of computing excess profits taxes claimed deduction for contribution to a trust created under a profit-sharing plan, to the amount called for by the formula of the plan? Second, should the contribution to the trust be determined from...

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