TRANS MISSISSIPPI CORPORATION v. UNITED STATES

Nos. 72-3087, 73-3018.

494 F.2d 770 (1974)

TRANS MISSISSIPPI CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee (two cases).

United States Court of Appeals, Fifth Circuit.

June 3, 1974.


Attorney(s) appearing for the Case

William Liston, Winona, Miss., James P. Knight, Jr., Jackson, Miss., for plaintiff-appellant.

Scott P. Crampton, Asst. Atty. Gen., Stephen M. Gelber, Leonard D. Van Slyke, Jr., Meyer Rothwacks, Bennet N. Hollander, John F. Murray, Attys., Tax Div., Dept. of Justice, Washington, D. C., H. M. Ray, U. S. Atty., Oxford, Miss., for defendant-appellee.

Before CLARK and GEE, Circuit Judges, and RUSSELL, District Judge.


GEE, Circuit Judge:

In this case, appellant taxpayer kicked the sleeping revenue service and lost an arm and a leg in the ensuing fracas. We affirm.

Appellant, a Mississippi corporation engaged in the manufacture of concrete pipe for sale to contractors and governmental units, sought over $78,000 in tax refunds for claimed embezzlement losses resulting from activities of its former president, Joe C. Franklin. The United States denied that the mishandling of...

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