HARSH INVESTMENT CORP. v. UNITED STATES

Civ. No. 69-154.

323 F.Supp. 409 (1970)

HARSH INVESTMENT CORP., an Oregon corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Oregon.

September 28, 1970.


Attorney(s) appearing for the Case

Denton G. Burdick, Jr., Hutchinson, Schwab & Burdick, Portland Or., for plaintiff.

Sidney I. Lezak, U. S. Atty., Portland Or., John M. Kirk, Tax Div., Dept. of Justice, Washington, D. C., for defendant.


OPINION

ALFRED T. GOODWIN, District Judge:

Plaintiff paid $77,256.72 of its 1961 and 1962 income tax under protest, and sues for a refund.

At issue is the taxpayer's right to defer recognition of a gain, under Section 1033 of the Internal Revenue Code of 1954.

Plaintiff, an Oregon corporation, operates in California through a wholly owned subsidiary, Harsh California Corporation. In 1953 Harsh California obtained a $2,474,600 loan, insured...

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