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RHODES v. UNITED STATES

Civ. A. No. 3038.

243 F.Supp. 894 (1965)

J. Robert RHODES and Grace P. Rhodes, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. South Carolina, Greenville Division.

Decided July 30, 1965.

Attorney(s) appearing for the Case

C. Thomas Wyche, of Wyche, Burgess, Freeman & Parham, Greenville, S. C., for plaintiff.

Norman W. Goldin, Washington, D. C., John C. Williams, U. S. Atty., and Geddes H. Martin, Asst. U. S. Atty., Greenville, S. C., for defendant.

HEMPHILL, District Judge.

Civil tax refund suit instituted by plaintiff1 to recover additionally assessed, and paid, taxes for 1958. The issue presented is whether plaintiff, a cash method taxpayer, is entitled to report the gain realized on the sale in 1958 of her farm on the "installment sale" basis as provided in Section 453(b) of the Internal Revenue Code of 1954, where the purchasers, at request of and for benefit of plaintiff, placed...

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