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BOBSEE CORPORATION v. UNITED STATES

No. 25899.

411 F.2d 231 (1969)

BOBSEE CORPORATION et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 23, 1969.

Attorney(s) appearing for the Case

George W. Ericksen, Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for appellants.

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Elmer J. Kelsey, Robert I. Waxman, Attys., Dept. of Justice, Tax Div., Washington, D. C., Edward F. Boardman, U. S. Atty., Tampa, Fla., for appellee. Robert B. McGowan, Asst. U. S. Atty., of counsel.

Before GEWIN and BELL, Circuit Judges, and BOOTLE, District Judge.

GEWIN, Circuit Judge:

The appellants are four separately incorporated citrus groves which brought suit in the United States District Court for the Middle District of Florida seeking a refund of allegedly excessive and unlawfully collected income taxes paid for their respective fiscal years ended in 1961. The principal questions before the district court were whether the corporate surtax exemption could be disallowed on the basis of section 269 of the Internal Revenue...

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