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UNITED STATES v. HARRY BARFIELD COMPANY

No. 21948.

359 F.2d 120 (1966)

UNITED STATES of America, Appellant, v. HARRY BARFIELD COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

April 12, 1966.

Attorney(s) appearing for the Case

Carolyn R. Just, Atty., Dept. of Justice, Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, David O. Walter, Attys., Dept. of Justice, Washington, D. C., Charles L. Goodson, U. S. Atty., Slaton Clemmons, Asst. U. S. Atty., Atlanta, Ga., for appellant.

J. Winston Huff, Edward E. Dorsey, William L. Kinzer, Atlanta, Ga., Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., of counsel, for appellee.

Before TUTTLE, Chief Judge, and BELL and COLEMAN, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge:

Appellee taxpayer is a Georgia corporation engaged in commercial printing. The business was conducted as a partnership for several years prior to the formation of the corporation in 1958. The three partners formed the corporation by transferring the assets of the partnership to the corporation. They became the sole stockholders, receiving common stock and ten year six percent debenture notes for the assets. The District Director concluded...

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