S & A COMPANY v. UNITED STATES

No. 4-62-Civ.-179.

218 F.Supp. 677 (1963)

S & A COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Minnesota, Fourth Division.

July 3, 1963.


Attorney(s) appearing for the Case

John W. Windhorst, John S. Hibbs, Dorsey, Owen, Marquart, Windhorst & West, Minneapolis, Minn., for plaintiff.

Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, David A. Wilson, Jr., A. H. LaForce, II, Department of Justice, Washington, D. C., Miles W. Lord, U. S. Atty., Murray L. Galinson, Asst. U. S. Atty., Minneapolis, Minn., for defendant.


DEVITT, Chief Judge.

In this action for the recovery of corporate income taxes paid by the plaintiff for its fiscal year ending August 31, 1956, the sole question presented is as to the correctness of the government's disallowance of depreciation deductions for the year in question during which all of the depreciable assets of the plaintiff were sold at a price in excess of their undepreciated cost at the beginning of the taxable year.

Jurisdiction is based...

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