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PORTAGE PLASTICS COMPANY v. UNITED STATES

No. 66-C-61.

326 F.Supp. 452 (1971)

PORTAGE PLASTICS COMPANY, Inc., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, W. D. Wisconsin.

February 22, 1971.

Attorney(s) appearing for the Case

James Urdan, Milwaukee, Wis., for plaintiff.

Johnnie M. Walters, Asst. Atty. Gen., Harold J. Heltzer, Atty., David A. Wilson, Jr., Atty., Tax Division, Washington, D. C., for defendant.

OPINION AND ORDER

JAMES E. DOYLE, District Judge.

Several issues were raised by the pleadings herein, but by stipulation and order the following issue was severed for separate trial: whether plaintiff qualified as a small business corporation within the meaning of Section 1371(a) of the Internal Revenue Code so as to be eligible to elect under Section 1372 (a) of the Internal Revenue Code not to be subject to corporate income taxes for its fiscal years ended...

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