MARSHALL FOODS, INC. v. UNITED STATES

No. 2-72 Civ. 334.

393 F.Supp. 1097 (1974)

MARSHALL FOODS, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Minnesota, Second Division.

December 2, 1974.


Attorney(s) appearing for the Case

Hayner N. Larson, Erwin M. Goldstein, Minneapolis, Minn., for plaintiff.

Robt. G. Renner, U. S. Atty., by Stephen Palmer, Asst. U. S. Atty., Minneapolis Minn., for defendant.


ORDER

MILES W. LORD, District Judge.

This income tax refund case, submitted to the Court on stipulated facts and briefs, requires the determination of whether certain proceeds of insurance policies paid to the plaintiff should be taxed as ordinary income or as capital gains. The plaintiff, during its tax years 1966 and 1967, was engaged in the manufacture and sale of powdered eggs. For this purpose, plaintiff operated an egg drying plant, its main plant...

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