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MOUNT VERNON GARDENS, INC. v. C. I. R.

No. 14481.

298 F.2d 712 (1962)

MOUNT VERNON GARDENS, INC., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Sixth Circuit.

February 9, 1962.

Attorney(s) appearing for the Case

Charles W. Davis, Chicago, Ill. (John C. Walker, Chicago, Ill., Samuel H. Horne, Washington, D. C., on the brief), for petitioner.

Carolyn R. Just, Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Lee A. Jackson, Harry Baum, Dept. of Justice, Washington, D. C., on the brief), for respondent.

Before MILLER, Chief Judge, O'SULLIVAN, Circuit Judge, and DARR, Senior District Judge.

SHACKELFORD MILLER, Jr., Chief Judge.

Petitioner, Mount Vernon Gardens, Inc., seeks a review of the decision of the Tax Court determining deficiencies in income taxes of the petitioner for the taxable years ended October 28, 1954, and October 27, 1955.

The facts, which for the most part are not in dispute, are as follows.

Petitioner is a cemetery corporation organized for profit in 1952 under the laws of Tennessee. It keeps its books and reports its...

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