DuPONT v. UNITED STATES

Civ. A. No. 2538.

234 F.Supp. 681 (1964)

William DuPONT, Jr. and Margaret Osborne DuPont, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Delaware.

June 15, 1964.


Attorney(s) appearing for the Case

William S. Potter, and Converse Murdoch, of Berl, Potter & Anderson, Wilmington, Del., and Kenneth Gemmill, of Dechert, Price & Rhoads, Philadelphia, Pa., of counsel, for plaintiffs.

Alexander Greenfeld, U. S. Dist. Atty., William J. Wier, Jr., Asst. U. S. Dist. Atty., Wilmington, Del., and Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, David A. Wilson, Jr., and Marvin J. Garbis, Department of Justice, Washington, D. C., for defendant.


STEEL, District Judge.

Plaintiffs, husband (hereinafter "taxpayer") and wife, filed a joint federal income tax return for 1960 and claimed as a deduction a $36,966.03 operating loss incurred in 1960 by Foxcatcher Livestock Company, a corporation, all of the stock of which was owned by taxpayer in 1960. Foxcatcher was a "small business corporation" (hereinafter "Sub-chapter S corporation"), as defined in 26 U.S.C. § 1371(a).

Sub-chapter S was added to...

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