ELOT H. RAFFETY FARMS, INC. v. UNITED STATES

No. 74-1392.

511 F.2d 1234 (1975)

ELOT H. RAFFETY FARMS, INC., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 26, 1975.

Rehearing and Rehearing Denied March 20, 1975.


Attorney(s) appearing for the Case

William S. Estabrook, III, Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

James E. Reeves, Caruthersville, Mo., for plaintiff-appellee.

Before GIBSON, Chief Judge, CLARK, Associate Justice, Retired, and HEANEY, Circuit Judge.


Rehearing and Rehearing En Banc Denied March 20, 1975.

Mr. Justice CLARK.

This appeal involves a claim for refund of $44,553.35 in federal income taxes paid by Elot H. Raffety Farms, Inc., a Missouri corporation, in the taxable years ending March 31 of 1964, 1967, 1968, 1969, and 1970. The United States District Court for the Eastern District of Missouri granted recovery. We reverse.

From the record, it appears that in early 1965 taxpayer, through...

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