ROYALTY SERVICE CORPORATION v. UNITED STATES

Civ. No. 1994-1998.

178 F.Supp. 216 (1959)

ROYALTY SERVICE CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Montana, Great Falls Division.

November 12, 1959.


Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for plaintiff.

Howard A. Heffron, Asst. Atty. Gen., Lyle M. Turner, Fred J. Neuland, John J. Kilgariff, Attorneys, Washington, D. C., and Krest Cyr, U. S. Atty., Butte, Mont., Waldo N. Spangelo, Asst. U. S. Atty., Billings, Mont., for defendant.


JAMESON, District Judge.

In five actions, consolidated for trial, the taxpayer, Royalty Service Corporation, seeks a refund of corporate income taxes for the years 1949, 1950, 1951, 1952 and 1953. The cases were submitted upon an agreed statement of facts, supplemented by testimony of the president, secretary-treasurer, and accountant of the plaintiff taxpayer.

The primary question is whether payment by the taxpayer on promissory notes held by two stockholders...

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