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KOHLER-CAMPBELL CORPORATION v. UNITED STATES

Civ. A. No. 378.

189 F.Supp. 818 (1960)

KOHLER-CAMPBELL CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court W. D. North Carolina, Statesville Division.

December 29, 1960.

Attorney(s) appearing for the Case

Frank C. Patton, Morganton, N. C., for plaintiff.

Charles K. Rice, Asst. Atty. Gen., James P. Garland, Myron C. Baum, John F. Murray, Washington, D. C., James M. Baley, Jr., U. S. Atty., Asheville, N. C., John E. McDonald, Jr., Asst. U. S. Atty., Charlotte, N. C., on the brief, for defendant.

WARLICK, District Judge.

This action is one that was instituted by the plaintiff to recover of the defendant the amount of $5,213.03, together with interest, paid as income tax for the period from October 19, 1954, through December 31, 1954; and the issue for decision is whether the payment of $15,000 received by the plaintiff from Kohler and Campbell, Inc., in the year 1954, constituted prepaid rental income, as contended by the defendant, or a loan, as contended...

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