Legal Opinion

The Business Development Corporation of North Carolina v. United States

Court of Appeals for the Fourth Circuit

Decided June 24, 1970No. 13959PublishedCited by 26 opinions

1Opinion of the Court

ALBERT V. BRYAN, Circuit Judge:

Deficiencies were assessed in Federal income taxes for 1963 and 1964 against The Business Development Corporation of North Carolina, and it sues to recapture the payment of these amounts, as permitted by 26 U.S.C. § 7422(a). A jury had found a verdict favoring the taxpayer. The Government moved to set it aside and give a judgment non obstante dismissing the action. The District Court denied the request, but we think unadvis ely.

Business Development since April 1, 1956, the year of its organization, has been in business in North Carolina as a lender of funds to…

2Cases cited4 opinions

  1. Ford Motor Company v. J. W. McDavidCourt of Appeals for the Fourth Circuit · 1958
  2. The Smoot Sand & Gravel Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1960
  3. Hawkins v. SimsCourt of Appeals for the Fourth Circuit · 1943
  4. George D. Patterson, District Director of Internal Revenue, Birmingham, Alabama v. Pizitz, Inc., Successor to Louis Pizitz Dry Goods CompanyCourt of Appeals for the Fifth Circuit · 1966

3Cited by26 opinions

  1. Thor Power Tool Co. v. CommissionerSupreme Court of the United States · 1979
  2. Morelock v. NCR Corp.Court of Appeals for the Sixth Circuit · 1978
  3. St. Paul Fire & Marine Insurance Company v. Roland C. Vaughn, and Gladys G. Vaughn, in Re Roland C. Vaughn and Gladys G. Vaughn A/K/A Gladys Murray, Debtors. Gladys G. Vaughn, A/K/A Gladys Murray Anigroeg Services, Inc. Nucleus Construction, and Roland C. Vaughn v. W. Alan Smith, Jr., Trustee, Gladys C. Vaughn, A/K/A Gladys Murray, and Roland C. Vaughn v. W. Alan Smith, Jr., Trustee Sherwood S. Day, Trustee St. Paul Fire & Marine Insurance CompanyCourt of Appeals for the Fourth Circuit · 1985
  4. Poynter v. RatcliffCourt of Appeals for the Fourth Circuit · 1989
  5. Harvey R. Miller, as Trustee in Bankruptcy of Ira Haupt & Co., a Limited Partnership, Bankrupt v. New York Produce ExchangeCourt of Appeals for the Second Circuit · 1977

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