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SOL WALKER & CO. v. UNITED STATES

No. 414-78.

636 F.2d 298 (1980)

SOL WALKER & COMPANY v. The UNITED STATES.

United States Court of Claims.

October 22, 1980.

Attorney(s) appearing for the Case

Stephen L. Pankau, Tampa, Fla., attorney of record, for plaintiff. Stanley W. Rosenkranz and MacFarlane, Ferguson, Allison & Kelly, Tampa, Fla., of counsel.

Donald P. Lan, Jr., Washington, D. C., with whom was Asst. Atty. Gen. M. Carr Ferguson, Washington, D. C., for defendant; Theodore D. Peyser and Gilbert W. Rubloff, Washington, D. C., of counsel.

Before SKELTON, Senior Judge, and KASHIWA and BENNETT, Judges.

OPINION

KASHIWA, Judge:

The plaintiff, Sol Walker & Company, is the sponsor of a profit-sharing plan. The issue is whether the trust created to administer the profit-sharing plan lost its tax-exempt status in 1969 due to discrimination in operation proscribed by I.R.C. § 401(a)(4)1 in favor of the plan participants who are members of the prohibited group.2 All relevant facts have been stipulated...

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