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YAFFE IRON & METAL CORP. v. UNITED STATES

No. 78-1389.

593 F.2d 832 (1979)

YAFFE IRON & METAL CORPORATION, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1979.

Rehearing and Rehearing Denied April 9, 1979.

Attorney(s) appearing for the Case

Sam Goodkin, Fort Smith, Ark., argued and on brief, for appellant.

Stanley S. Shaw, Jr., Atty. App. Sec., Tax Div., Dept. of Justice, Washington, D. C. (argued), Larry R. McCord, U. S. Atty., Fort Smith, Ark., M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, and Richard Farber, Washington, D. C., on brief, for appellee.

Before LAY and HEANEY, Circuit Judges, and HANSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied April 9, 1979.

PER CURIAM.

Yaffe Iron & Metal Corporation ("Yaffe-Fort Smith"), an Arkansas corporation located in Fort Smith, Arkansas, appeals from the dismissal of its complaint seeking a refund of income taxes. Its principal contention is that the Commissioner of Internal Revenue erroneously determined that it and Yaffe Iron & Metal Company, Inc., ("Yaffe-Muskogee")1 were members...

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