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OAK WOODS CEMETERY ASSOCIATION v. UNITED STATES

No. 14823.

345 F.2d 361 (1965)

The OAK WOODS CEMETERY ASSOCIATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 26, 1965.

Attorney(s) appearing for the Case

Walter J. Hartmann, Robert F. Hanley, A. Daniel Feldman, of Isham, Lincoln & Beale, Chicago, Ill., for plaintiff-appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Tax Division, Anthony Zell Roisman, Atty., U. S. Dept. of Justice, Washington, D. C., Edward V. Hanrahan, U. S. Atty., Chicago, Ill., Lee A. Jackson, Harold C. Wilkenfeld, Attys., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before DUFFY, SCHNACKENBERG and CASTLE, Circuit Judges.

DUFFY, Circuit Judge.

This suit was brought by The Oak Woods Cemetery Association seeking a refund of income taxes assessed for the years 1952, 1953, 1956, 1957 and 1958. The facts are not in controversy and have been stipulated by the parties.

The Oak Woods Cemetery Association (Oak Woods) is a special chartered Illinois corporation created February 12, 1853, Priv.Laws 1853, p. 550 by an act of the Illinois legislature...

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