BLISS DAIRY, INC. v. UNITED STATES

No. 79-3318.

645 F.2d 19 (1981)

BLISS DAIRY, INC., an Arizona Corporation, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1981.

Rehearing and Rehearing Denied July 31, 1981.


Attorney(s) appearing for the Case

Karl P. Fryzel, Atty. Tax Div., Washington, D. C., argued, for defendant-appellant; Gilbert E. Andrews, Washington, D. C., on brief.

James Silhasek, Wales & Plattner, P. C., Phoenix, Ariz., for plaintiff-appellee.

Before FERGUSON and REINHARDT, Circuit Judges, and BONSAL, District Judge.


Rehearing and Rehearing En Banc Denied July 31, 1981.

PER CURIAM:

The Government appeals from an order of the United States District Court for the District of Arizona granting the motion of plaintiff Bliss Dairy, Inc. ("the corporation") for summary judgment. The sole issue presented in this appeal is whether the district court erred in refusing to apply the "tax benefit" rule to a distribution of assets of a corporation in liquidation pursuant to Sections...

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