BADGETT v. UNITED STATES

Civ. A. No. 751.

175 F.Supp. 120 (1959)

Bentley F. BADGETT and Imogene Badgett, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. Kentucky, Owensboro Division.

January 30, 1959.


Attorney(s) appearing for the Case

W. Stuart McCloy, McCloy, Myar & Wellford, Memphis, Tenn., James A. Moore, Pepper, Bodine, Frick, Scheetz & Hamilton, Philadelphia, Pa., Neville Moore, Moore & Morrow, Madisonville, Ky., for plaintiffs.

J. Leonard Walker, U. S. Atty., Louisville, Ky., for defendant.


BROOKS, District Judge.

This is an action for the recovery of income taxes which taxpayers allege were erroneously assessed and collected.

The basic issue to be decided is whether or not under the facts of this case there was an exchange of property of a like kind to be held either for productive use in trade or business or for investment so that the exchange falls within the nonrecognition of taxability provisions of Section 112(b)(1) of the Internal Revenue...

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