BARNES MOTOR & PARTS COMPANY v. UNITED STATES

Civ. No. 1113.

309 F.Supp. 298 (1970)

BARNES MOTOR & PARTS COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. North Carolina, Wilson Division.

February 17, 1970.


Attorney(s) appearing for the Case

Thomas L. Norris, Jr., N. A. Townsend, Jr., of Poyner, Geraghty, Hartsfield & Townsend, Raleigh N. C., for plaintiff.

Warren H. Coolidge, U. S. Atty., Raleigh, N. C., Myron C. Baum, G. Thaddeus Williams, Tax Division, Department of Justice, Washington, D. C., for defendant.


OPINION AND ORDER

SUMMARY

LARKINS, District Judge.

The issues in this action relate to the statutory limitations on the availability of Subchapter S (Title 26 U.S.C.A. §§ 1371 through 1377) elections to small business corporations, specifically, the one-class-of-stock and the affiliated-group requirements, and the applicability of the laches principle to the conduct of government agents. The...

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