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DAHLEM CONSTRUCTION COMPANY v. UNITED STATES

No. 5117.

268 F.Supp. 103 (1966)

The DAHLEM CONSTRUCTION COMPANY, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court W. D. Kentucky, Louisville Division.

June 20, 1966.

Attorney(s) appearing for the Case

James W. Hendricks, of Marshall, Cochran, Heyburn & Wells, Louisville, Ky., for plaintiff.

Robert F. Sama, Dept. of Justice, Washington, D. C., for defendant.

FINDINGS OF FACT and CONCLUSIONS OF LAW

JAMES F. GORDON, District Judge.

This action is a claim for refund by The Dahlem Construction Company (hereinafter sometimes referred to as the "Taxpayer"), arising out of deficiencies assessed against that company for the fiscal years ending March 31, 1960, 1961 and 1962. There are two entirely separate issues:

1. The Commissioner of Internal Revenue (hereinafter referred to as the "Commissioner") determined...

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