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MONTE VISTA BURIAL PARK, INC. v. UNITED STATES

No. 15822.

340 F.2d 595 (1965)

MONTE VISTA BURIAL PARK, INC. Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

January 27, 1965.

Attorney(s) appearing for the Case

Kent Herrin and Paul J. Sherwood, Johnson City, Tenn., for appellant, Herrin, Sherwood & Washington, Johnson City, Tenn., of counsel.

Herbert Grossman, Atty., Dept. of Justice, Washington, D. C., for appellee, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Attys., Dept. of Justice, Washington, D. C., on the brief, John H. Reddy, U. S. Atty., Chattanooga, Tenn., of counsel.

Before WEICK, Chief Judge, CECIL, Circuit Judge, and TALBOT SMITH, District Judge.

PER CURIAM.

This is an appeal from a judgment of the District Court dismissing Appellant's complaint, in which it sought to recover a refund of income taxes paid for the years 1958 and 1959, alleged to have been illegally assessed and collected by the Government.

The taxpayer, Monte Vista Burial Park, Inc., is a cemetery corporation for profit, organized under the laws of the state of Tennessee. Both by a provision in its charter and by a statute of Tennessee...

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