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ALPHACO, INC. v. NELSON

No. 64-C-246.

257 F.Supp. 118 (1966)

ALPHACO, INC., a Delaware corporation, Plaintiff, v. E. J. NELSON, District Director of Internal Revenue, Defendant.

United States District Court E. D. Wisconsin.

August 19, 1966.

Attorney(s) appearing for the Case

William S. Wood of Nowlan, Mouat, Lovejoy, McGuire & Wood, Janesville, Wis., for plaintiff.

Richard M. Roberts, Acting Asst. Atty. Gen., David A. Wilson, Jr., and Donald R. Anderson, Attys., Dept. of Justice, Washington, D. C., James B. Brennan, U. S. Atty., by Franklyn M. Gimbel, Asst. U. S. Atty., Milwaukee, Wis., for defendant.

OPINION AND ORDER

GRUBB, District Judge.

This is an action for recovery of an alleged overpayment of tax together with interest. The parties have submitted the case for determination by the court on stipulated facts and briefs with waiver of oral argument.

The material facts as they appear from the stipulation are as follows: During the fiscal year ending September 30, 1961, plaintiff, pursuant to a plan...

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