KERNER, Circuit Judge.
Plaintiffs-appellees filed an action for refund in the district court for taxes paid upon incorporation of a "Subchapter R Corporation" under Section 351 of the Internal Revenue Code of 1954. The district court granted judgment for the plaintiffs and the government appeals.
Taxpayer, William J. Mathis, owned and operated George E. Mathis & Son, a metal fabricating company, as a sole proprietorship from April 6, 1952, to September...
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