LOWE v. UNITED STATES

Civ. No. 402.

223 F.Supp. 948 (1963)

William R. LOWE and Ruth C. Lowe, husband and wife, R. I. Riedesel and Inza N. Riedesel, husband and wife, and Phillip E. Riedesel and Susanne Riedesel, husband and wife, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Montana, Billings Division.

October 15, 1963.


Attorney(s) appearing for the Case

Earl V. Cline and Robert E. Hendrickson, Billings, Mont., for plaintiffs.

Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, Jerome Fink and Dale E. Anderson, Attys., Dept. of Justice, Washington, D. C.; Moody Brickett, U. S. Atty. for the District of Montana; and Richmond F. Allan, Asst. U. S. Atty., Billings, Mont., for defendant.


JAMESON, District Judge.

This is an action to recover income taxes assessed and paid for the year 1957. The cause is before the court on defendant's motion for summary judgment.

A deficiency was assessed against each of the plaintiffs for the tax year 1957. The basis of the deficiency was the Government's contention that a corporation in which plaintiffs owned stock was a "collapsible corporation". The plaintiffs did not agree. After settlement conference...

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