KANAWHA-ROANE LANDS v. UNITED STATES

Civ. A. No. 1259.

136 F.Supp. 631 (1955)

KANAWHA-ROANE LANDS, Inc., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. West Virginia, Charleston Division.

December 27, 1955.


Attorney(s) appearing for the Case

J. B. Fisher, Charleston, W. Va., for plaintiff.

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe and Gilbert E. Andrews, Department of Justice, Washington, D. C., Duncan W. Daugherty, U. S. Atty., Huntington, W. Va., for defendant.


BOREMAN, District Judge, sitting by special designation.

This is a civil action before the Court in which the plaintiff seeks a refund of income taxes claimed to have been illegally collected by the defendant from the plaintiff for the year 1946 in the total amount of $1,052.12 plus interest.

These two questions are presented:

1. Is taxpayer a corporation or "club" exempt from income tax under the provisions of Section 101(9) of the Internal Revenue...

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