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KNIGHTS OF PYTHIAS H. CO. OF WILMINGTON v. UNITED STATES

Civ. A. No. 4205.

345 F.Supp. 680 (1972)

KNIGHTS OF PYTHIAS HALL COMPANY OF WILMINGTON, DELAWARE, a Delaware corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Delaware.

April 14, 1972.

Attorney(s) appearing for the Case

Stephen Hamilton, Wilmington, Del., for plaintiff.

Richard D. Levin, Asst. U. S. Atty., Wilmington, Del., and Lawrence J. Ross, Department of Justice, Washington, D. C., for defendant.

MEMORANDUM OPINION

STAPLETON, District Judge.

Plaintiff, a Delaware corporation, here seeks to recover income taxes which are alleged to have been erroneously and wrongfully assessed and collected by defendant. Since its formation in 1889, plaintiff has at all times acted as a title holding company. During the fiscal year ending March 31, 1950, plaintiff sold a parcel of real estate for a substantial profit. Plaintiff, believing itself to be tax exempt,...

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