BILTMORE COMPANY v. UNITED STATES

Civ. A. No. 1306.

129 F.Supp. 366 (1955)

The BILTMORE COMPANY, a corporation, Trading and Doing business under the name and style of Biltmore Dairy Farms, Plaintiff, v. The UNITED STATES of America.

United States District Court, W. D. North Carolina, Asheville Division.

March 8, 1955.


Attorney(s) appearing for the Case

Junius G. Adams, Joel B. Adams, Asheville, N. C., for plaintiff.

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, John K. Clifford, Sp. Assts. to the Atty. Gen., J. M. Baley, Jr., U. S. Atty., Asheville, N. C., for defendant.


WARLICK, District Judge.

This action is brought against the defendant to recover of it alleged overpayments of income taxes, together with interest, for the years 1943 through 1946, in the aggregate amount of $9,543.74.

The principal issue relates to the correct treatment for tax purposes of the net gains on the sale of dairy cattle held by the plaintiff for six months or more and sold by it during the tax years. The plaintiff contending that the receipts...

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