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KYNE v. UNITED STATES

Civil Action No. 3485.

180 F.Supp. 53 (1958)

Charles M. KYNE and Muryl Kyne, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. Kentucky, at Louisville.

Judgment September 10, 1958.

Attorney(s) appearing for the Case

Dodd & Dodd (Allen P. Dodd) Louisville, Ky., for plaintiffs.

Paul K. Kirkpatrick, Jr., Atty., Tax Division, Department of Justice, Washington, D. C., J. Leonard Walker, U. S. Atty., Louisville, Ky., Charles M. Allen, Asst. U. S. Atty., W. D. Ky., Louisville, Ky., for defendant.

SHELBOURNE, Chief Judge.

Findings of Fact and Conclusions of Law

1. Charles M. Kyne, the taxpayer, and Frank J. Shippen formed a partnership styled The Alabama Poplar Company on January 1, 1946, for the purpose of buying and selling lumber. The partnership office was located in Camp Hill, Alabama and Shippen was the managing partner.

2. On or about December 22, 1953, Shippen proposed to the taxpayer that

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