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BURLEY TOBACCO WAREHOUSE v. GLENN

Civ. No. 1964.

106 F.Supp. 949 (1952)

BURLEY TOBACCO WAREHOUSE, Inc. et al. v. GLENN, Collector of Internal Revenue.

United States District Court, W. D. Kentucky, at Louisville.

January 17, 1952.

Attorney(s) appearing for the Case

W. Howard Clay, Earl S. Wilson, Louisville, Ky., for plaintiffs.

Andrew D. Sharpe, Henry L. Spencer, Special Assts. to the Atty. Gen., David C. Walls, U. S. Atty., Charles F. Wood, Asst. U. S. Atty., Louisville, Ky., for defendant.

SHELBOURNE, Chief Judge.

This action was brought by Burley Tobacco Warehouse, Inc., et al, to recover $14,835.75, with interest, paid as additional corporation income taxes and interest for the fiscal year ended April 30, 1946, on the ground that the assessment of the deficiency was erroneous.

The question presented is whether the gain of $55,840 from the sale of the tobacco warehouse owned by the taxpayer corporation is taxable to it, as determined by the...

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