DUNN CONSTRUCTION COMPANY v. UNITED STATES

Civ. A. No. 69-190.

323 F.Supp. 440 (1971)

DUNN CONSTRUCTION COMPANY, Inc., a corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N. D. Alabama, S. D.

February 23, 1971.


Attorney(s) appearing for the Case

Drayton T. Scott and Maria B. Campbell of Cabaniss, Johnston, Gardner & Clark, Birmingham, Ala., for plaintiff.

Wayman G. Sherrer, U. S. Atty., Birmingham, Ala., Johnnie M. Walters, Asst. Atty. Gen., John F. Murray and Charles M. Merkel, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., for defendant.


MEMORANDUM OF DECISION

POINTER, District Judge.

This case, for the recovery under 28 U.S.C. § 1346(a) (1) of income taxes alleged to have been erroneously collected from the plaintiff, was submitted to the court upon an amended complaint, answer, an agreed stipulation of facts, and documents attached to such stipulation. The sole issue for decision is the validity vel non, as applied to the plaintiff under the facts of this case, of Reg. §...

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