BUTLER v. PATTERSON

Civ. A. 8436.

148 F.Supp. 197 (1957)

H. A. BUTLER and Vivian Butler, Plaintiffs, v. George D. PATTERSON, Jr., District Director of Internal Revenue, Defendant.

United States District Court N. D. Alabama, S. D.

February 20, 1957.


Attorney(s) appearing for the Case

Lange, Simpson, Robinson & Somerville and Robert McD. Smith, Birmingham, Ala., for plaintiffs.

Charles K. Rice, Asst. Atty. Gen., James P. Garland and Robert L. Toomey, Attys., Dept. of Justice, Washington, D. C., and W. L. Longshore, U. S. Atty., Birmingham, Ala., for defendant.


LYNNE, Chief Judge.

In conformity with the order entered herein on pretrial hearing this action is submitted for final judgment on the pleadings and stipulation of facts, subscribed by the parties.

The court finds the facts as they were stipulated to be. Pertinently summarized these are: In 1951 plaintiffs realized gains from the sales of stock in three corporations, namely, Oak Grove Homes, Inc., Oxmoor Homes, Inc., and Green Springs Homes, Inc. In their...

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