ENDRES FLORAL CO. v. UNITED STATES

No. C75-1143.

450 F.Supp. 16 (1977)

ENDRES FLORAL COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N. D. Ohio, E. D.

November 18, 1977.


Attorney(s) appearing for the Case

Zolman Cavitch, Edward Kancler, Alan Doris, Cleveland, Ohio, for plaintiff.

Dennis M. Donohue, Justice Dept., Tax Div., Washington, D. C., for defendant.


MEMORANDUM OF OPINION

MANOS, District Judge.

This is an action for the refund of federal taxes of $19,480.00, plus interest as provided by law, paid pursuant to a self-assessment made by plaintiff when filing its 1973 federal income tax return. Jurisdiction is based upon 28 U.S.C. § 1346(a)(1) (1970). The sole question of law is whether the plaintiff's newly-constructed greenhouses are "buildings" within the meaning of section 48(a)(1)(B) of the Internal...

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