Maclin P. DAVIS and Edith U. Davis, Plaintiffs-Appellees,
v.
UNITED STATES of America, Defendant-Appellant.
United States Court of Appeals Sixth Circuit.https://leagle.com/images/logo.png
March 27, 1969.
March 27, 1969.
Attorney(s) appearing for the Case
William A. Friedlander, Tax Div., Dept. of Justice, Washington, D. C., for appellant, Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Melva M. Graney, Attys., Dept. of Justice, Washington, D. C., on the brief, Gilbert S. Merritt, Jr., U. S. Atty., Kent Sandidge, III, Asst. U. S. Atty., Nashville, Tenn., of counsel.
William Waller, Nashville, Tenn., for appellees, Robert G. McCullough, Nashville, Tenn., on the brief, Waller, Lansden, Dortch & Davis, Nashville, Tenn., of counsel.
Before O'SULLIVAN and CELEBREZZE, Circuit Judges, and McALLISTER, Senior Circuit Judge.
United States Court of Appeals Sixth Circuit.
CELEBREZZE, Circuit Judge.
The Government appeals a judgment of the United States District Court for the Middle District of Tennessee granting Taxpayer's1 claim for refund of federal income taxes. The cause was heard on motions for summary judgment filed by both parties. On denial of its motion for rehearing the Government perfected this appeal. The question before us is whether a corporate distribution to Taxpayer, in redemption of all...
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