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ALTERMAN FOODS, INC. v. UNITED STATES

No. 73-3852.

505 F.2d 873 (1974)

ALTERMAN FOODS, INC., Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 13, 1975.

Attorney(s) appearing for the Case

Cleburne E. Gregory, John C. Gray, Atlanta, Ga., for plaintiff-appellant.

Scott P. Crampton, Asst. Atty. Gen., Myron C. Baum, Atty., Meyer Rothwacks, Chief, App. Section, Tax Div., Dept. of Justice, Washington, D. C., John W. Stokes, U. S. Atty., Julian Longley, William D. Mallard, Jr., Asst. U. S. Attys., Atlanta, Ga., Gary R. Allen, Jay R. Weill, Attys., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before TUTTLE, THORNBERRY and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 13, 1975.

TUTTLE, Circuit Judge:

This tax case involves a dispute over the legal effects of cash advances made to a parent corporation by a number of its wholly-owned subsidiaries, shown on the books of both the subsidiaries and parent as debts outstanding, but on which there were no interest charges, no set maturity date, no notes of indebtedness, nor any apparent legal compulsion to repay the amounts outstanding...

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