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BOYETT COFFEE CO. v. U.S.

Civ. A. No. A-90-CA-672.

775 F.Supp. 1001 (1991)

BOYETT COFFEE COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, W.D. Texas, Austin Division.

July 2, 1991.

Attorney(s) appearing for the Case

Robert V. McCreary and William J. Rohrbach, Jr., Sullins, Johnson, Rohrbach & Magers, Houston, Tex., for plaintiff.

Cynthia E. Messersmith, Dept. of Justice, Tax Div., Dallas, Tex., for defendant.

ORDER

WALTER S. SMITH, Jr., District Judge.

Plaintiff brings this action to recover an overpayment of $2,094 in income taxes for the tax year 1987. The parties have filed cross motions for summary judgment.

I. BACKGROUND

The relevant facts are not in dispute.

Boyett Coffee Company ("Boyett") entered into a contract with Richheimer Coffee Company ("Richheimer") to supply a special blend of coffee. Subsequently, Boyett initiated a...

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