FILGO v. UNITED STATES

Civ. A. No. CA 3-6507-E.

387 F.Supp. 1300 (1974)

Lee R. FILGO and wife Thelma Filgo v. UNITED STATES of America.

United States District Court, N. D. Texas, Dallas Division.

July 17, 1974.


Attorney(s) appearing for the Case

John L. Burke, Jr., Dallas, Tex., for plaintiffs.

Frank D. McCown, U. S. Atty., Fort Worth, Tex., Martha Joe Stroud, Asst. U. S. Atty., Michael D. Cropper, Tax Div., Dept. of Justice, Dallas, Tex., for defendant.


MEMORANDUM OPINION

MAHON, District Judge.

This is a suit brought for refund of federal income taxes in the amount of $16,662.43 plus interest of $1,003.57 for the taxable years 1968, 1969, and 1970. During those years, sand, gravel, and fill dirt were extracted from the plaintiffs' 168-acre farm. They urge that the proceeds are payments for the sale of capital assets and that for tax purposes they are entitled to the treatment accorded capital gains. Int...

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