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CLARK EQUIPMENT CO. v. U.S.

No. 89-1926.

912 F.2d 113 (1990)

CLARK EQUIPMENT COMPANY, and consolidated subsidiaries, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided August 22, 1990.

Attorney(s) appearing for the Case

David P. Taylor (argued), South Bend, Ind., for plaintiff-appellant.

Seth G. Heald, Trial Atty., Tax Div., Gary R. Allen, Acting Chief, Bruce R. Ellisen (argued), Ann Belanger Durney, U.S. Dept. of Justice, Appellate Section, Tax Div., Washington, D.C., Edith A. Landman, Office of U.S. Atty., Grand Rapids, Mich., for defendant-appellee.

Before GUY and RYAN, Circuit Judges, and ENGEL, Senior Circuit Judge.

RYAN, Circuit Judge.

Plaintiff-appellant, Clark Equipment Company and its subsidiaries, appeals the district court's judgment in favor of defendant in this federal income tax case. The appeal presents the following issues:

1. Whether the district court erred in holding that 26 U.S.C. § 249 prohibited plaintiff's claimed deduction concerning the conversion of CLEO debentures into Clark stock. 2. Whether the district court erred in holding that...

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