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CRYSTAL LAKE CEMETERY ASS'N v. UNITED STATES

No. 19534.

413 F.2d 617 (1969)

CRYSTAL LAKE CEMETERY ASSOCIATION, a Minnesota Corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

July 22, 1969.

Attorney(s) appearing for the Case

Philip J. Stern, Minneapolis, Minn., for appellant.

Thomas L. Stapleton, Atty., Dept. of Justice, Washington, D. C., for appellee, Johnnie M. Walters, Asst. Atty. Gen., Dept. of Justice, and Lee A. Jackson and Stanley L. Ruby, Attys., Washington, D. C., and Patrick J. Foley, U. S. Atty., Minneapolis, Minn., on the brief.

Before MATTHES, GIBSON and BRIGHT, Circuit Judges.

FLOYD R. GIBSON, Circuit Judge.

Crystal Lake Cemetery Association ("taxpayer") appeals from a judgment entered in the United States District Court for the District of Minnesota, Chief Judge Edward J. Devitt, finding against taxpayer in its action to recover federal income tax paid1 for 1962 attributable to a $50,000 distribution to taxpayer from its permanent care and improvement fund, such distribution...

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