SARKES TARZIAN, INC. v. UNITED STATES

No. 11876.

240 F.2d 467 (1957)

SARKES TARZIAN Inc., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

February 7, 1957.


Attorney(s) appearing for the Case

Jack C. Brown, U. S. Atty., Indianapolis, Ind., Charles K. Rice, Asst. Atty. Gen., Walter R. Gelles, Lee A. Jackson, Harry Baum, Attys., Tax Division, U. S. Department of Justice, Washington, D. C., for appellant.

C. B. Dutton, Wesley A. Dierberger, Indianapolis, Ind., Merle H. Miller, Indianapolis, Ind., Dutton & Kappes, Indianapolis 4, Indiana, Ross, McCord, Ice & Miller, Indianapolis, Ind., of counsel, for appellee.

Before FINNEGAN, LINDLEY and SWAIM, Circuit Judges.


SWAIM, Circuit Judge.

This was an action by plaintiff-taxpayer to recover allegedly erroneously assessed income tax. The question on this appeal is whether the District Court properly granted plaintiff's motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

This cause arose out of the government's disallowance of depreciation deductions to plaintiff on certain patent rights...

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