WEST CHESTER FEED & SUPPLY CO. v. ERWIN

No. 20570.

438 F.2d 929 (1971)

WEST CHESTER FEED & SUPPLY CO., Inc., Plaintiff-Appellant, v. Joseph H. ERWIN et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

March 2, 1971.


Attorney(s) appearing for the Case

Thomas Patrick Lordeon, Middletown, Ohio, for plaintiff-appellant; Walter W. Windisch, in pro. per., on brief.

Wesley J. Filer, Atty., Dept. of Justice, Washington, D. C., for defendants-appellees; Johnnie M. Walters, Asst. Atty. Gen., Meyer Rothwacks, Leonard J. Henzke, Jr., Attys., Dept. of Justice, Washington, D. C., on brief; William W. Milligan, U. S. Atty., Cincinnati, Ohio, of counsel.

Before PHILLIPS, Chief Judge, and MILLER and KENT, Circuit Judges.


PER CURIAM.

West Chester Feed and Supply Company (West Chester), an Ohio farming corporation, filed this action asking the District Court to establish the value of its assets for the years 1967, 1968 and 1969.

A stockholder of the corporation had died. The executor filed an estate tax return measuring the worth of West Chester's stock upon a corporate asset valuation of $80,000. In auditing the estate tax return,...

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