UNITED STATES v. AKIN

No. 5500.

248 F.2d 742 (1957)

UNITED STATES of America, Appellant, v. Victor H. and Elsie AKIN, Fred C. and Alice M. Kluver, E. F. and Gladys Munroe, Appellees.

United States Court of Appeals Tenth Circuit.

October 19, 1957.


Attorney(s) appearing for the Case

Carolyn R. Just, Attorney, Department of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Robert N. Anderson, Attorney, Department of Justice, Washington, D. C., and Donald E. Kelley, U. S. Atty., Denver, Colo., on the brief), for appellant.

Stanley L. Drexler and Ellis J. Sobol, Denver, Colo., for appellees.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.


BRATTON, Chief Judge.

The question presented for determination is whether portions of annual assessments paid by taxpayers who were farmers to two mutual ditch companies which supplied water for the irrigating of the farms of the taxpayers and were used by such companies to retire long term indebtedness and to purchase a right of way were deductible from gross income of the taxpayers as ordinary and necessary expenses incurred in carrying on their farming businesses...

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