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LANSALL CO. v. UNITED STATES

No. 78 Civ. 1741.

512 F.Supp. 1178 (1981)

The LANSALL COMPANY and its Subsidiary Companies, Lansall Corporation and Coordinated Services, Inc., Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court, S. D. New York.

April 29, 1981.

Attorney(s) appearing for the Case

Lawrence E. Brinn, New York City, for plaintiffs; Lawrence E. Brinn, Stephen V. Staehle, New York City, of counsel.

John S. Martin, Jr., U. S. Atty. for the Southern District of New York, New York City, for defendant; Janis P. Farrell, Asst. U. S. Atty., New York City, of counsel.

OPINION

OWEN, District Judge.

This is a bench trial on stipulated facts. Plaintiffs, The Lansall Company, and its subsidiaries, Lansall Corporation and Coordinated Services, Inc., all of which filed a consolidated tax return for the year 1968, seek a tax refund for that year.

In 1962, Lansall Corporation (hereinafter "Lansall I"), whose assets consisted of securities listed on the major exchanges, was owned equally by two charitable foundations,...

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