McCABE PACKING CO. v. U.S.

No. 91-3132.

809 F.Supp. 614 (1992)

McCABE PACKING CO., John F. McCabe, Camile McCabe, Stuart J. Traynor, Barbara M. Traynor, and Agnes L. McCabe, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, C.D. Illinois, Springfield Division.

December 23, 1992.


Attorney(s) appearing for the Case

James O. Beavers, David R. Fines, Taylorville, IL, for plaintiffs.

James A. Lewis, Asst. U.S. Atty., Springfield, IL, Charles J. Cannon, U.S. Dept. of Justice, Tax Div., Washington, DC, for defendant.


OPINION

RICHARD MILLS, District Judge:

The question: "Is fetal calf blood a constructive dividend?".

The vehicle: Cross motions for summary judgment.

I. BACKGROUND

This action arises out of a dispute between the Plaintiffs and the Defendant regarding the proper classification of income derived from the sale of fetal calf blood for income tax purposes. The McCabe Packing Company is a slaughterhouse located in Taylorville, Illinois...

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