THOMPSON-KING-TATE, INC. v. UNITED STATES

No. 1290.

185 F.Supp. 748 (1960)

THOMPSON-KING-TATE, INC., Plaintiff v. UNITED STATES of America, Defendant.

United States District Court E. D. Kentucky, at Lexington.

July 22, 1960,


Attorney(s) appearing for the Case

Gess, Mattingly, Saunier & Atchison, Wm. B. Gess, Jack F. Mattingly, Lexington, Ky., for plaintiff.

Jean L. Auxier, U. S. Atty., Lexington, Ky., Herbert L. Awe, Atty., Dept. of Justice, Washington, D. C., for defendant.


HIRAM CHURCH FORD, Chief Judge.

This is an action for the recovery of income taxes with interest alleged to have been erroneously and illegally assessed and collected from the plaintiff taxpayer, Thompson-King-Tate, Inc. Jurisdiction is conferred by 28 U.S.C.A. § 1346(a).

The question presented is whether the gain resulting from the completion by the taxpayer of a long-term construction subcontract should have been reported for income tax purposes in...

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