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KENLIN INDUSTRIES, INC. v. U.S.

No. 89-1576.

927 F.2d 782 (1991)

KENLIN INDUSTRIES, INCORPORATED, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 8, 1991.

Attorney(s) appearing for the Case

Linda E. Mosakowski, argued (Shirley D. Peterson, Asst. Atty. Gen. Gary R. Allen, Gilbert S. Rothenberg, on brief), Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Charles Ernst Pazar, argued, Stephenson, Kellogg, Krebs & Moran, Fairfax, Va. (Henry E. Hudson, U.S. Atty., Alexandria, Va., on brief), for plaintiff-appellee.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

This suit began on January 26, 1989, as one by Kenlin Industries, Inc. (the "taxpayer") against the Government to recover taxes paid for the tax years 1983, 1984, and 1985. It was alleged that the corporation R & D Urethanes, Inc. ("R & D") transferred in August 1982 its operating assets and business to the taxpayer effecting a reorganization qualifying for tax treatment under 26 U.S.C. § 368, and that the taxpayer

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