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ROLWING-MOXLEY CO. v. UNITED STATES

No. 78-1461.

589 F.2d 353 (1978)

ROLWING-MOXLEY CO., a corporation, Appellant, v. UNITED STATES, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 20, 1978.

Attorney(s) appearing for the Case

James E. Reeves of Ward & Reeves, Caruthersville, Mo. (argued), and L. D. Joslyn, Charleston, Mo., on brief, for appellant.

William S. Estabrook, III, Atty., Tax Div., Dept. of Justice, Washington, D. C. (argued), Gilbert E. Andrews, Leonard J. Henzke, Jr., and M. Carr Ferguson, Asst. Atty. Gen., Washington, D. C., and Robert D. Kingsland, U. S. Atty., St. Louis, Mo., on brief, for appellee.

Before HEANEY and ROSS, Circuit Judges, and TALBOT SMITH, Senior District Judge.

PER CURIAM.

In 1965 plaintiff Rolwing-Moxley Company, Elot H. Raffety Farms, Inc., Missouri corporations, and L. D. Joslyn, attorney for Raffety Farms and a director and shareholder of Rolwing-Moxley, orally agreed to establish a Mexican enterprise, El Sombrero Sociedad de Responsibilidad Limitada (El Sombrero) which would farm cotton in Mexico. The partners agreed that Raffety Farms would own a one-half interest in the enterprise and plaintiff and Joslyn would each...

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