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BALLOU CONST. CO. v. UNITED STATES

No. 79-4138.

526 F.Supp. 403 (1981)

BALLOU CONSTRUCTION COMPANY, INC., as Transferee of Salina Sand Company, Inc., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Kansas.

August 4, 1981.

Attorney(s) appearing for the Case

Tom W. Hampton of Hampton, Royce, Engleman & Nelson, Salina, Kan., for plaintiff.

G. Scott Nebergall, Trial Atty., Tax Division-Dept. of Justice, Washington, D. C., James P. Buchele, U. S. Atty., Topeka, Kan., Karen Humphreys, Topeka, Kan., Asst. U. S. Atty., for defendant.

MEMORANDUM AND ORDER

ROGERS, District Judge.

This is an action for the recovery of federal income taxes paid by Ballou Construction Company, Inc. [hereinafter referred to as "Ballou"], as the transferee of Salina Sand Company, Inc. [hereinafter referred to as "Salina Sand"], for the taxable period ended March 31, 1977. The facts are not in dispute and both parties have moved for summary judgment. Oral argument was had and the court is now prepared to rule...

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