NEFF v. UNITED STATES

No. 419-59.

305 F.2d 455 (1962)

J. W. NEFF and Elizabeth A. Neff v. The UNITED STATES.

United States Court of Claims.

Rehearing Denied October 3, 1962.


Attorney(s) appearing for the Case

Norman A. Peil, Jr., Easton, Pa., for plaintiffs.

Earl L. Huntington, Washington, D. C., with whom was Louis F. Oberdorfer, Asst. Atty. Gen., for defendant. Edward S. Smith, Lyle M. Turner, James P. Garland and Philip R. Miller, Washington, D. C., on the brief.


DURFEE, Judge.

This case is now before the court on defendant's motion for reconsideration of our original decision, which was issued April 4, 1962. Plaintiff in this action sought refund of income taxes in the amount of $8,702, paid as a result of deficiencies assessed, and interest thereon.

The sole legal issue before us is whether a transaction effecting a redemption of stock by a closely held corporation, as set out below, constituted a distribution essentially...

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