Walsh Construction Company v. Church

LEVET, District Judge.

This is a tax refund suit in which the plaintiff, Walsh Construction Company (“Walsh”) seeks to recover $40,646.65 plus interest which it paid to the defendant pursuant to a determination by the Commissioner of Internal Revenue of a tax deficiency for the years 1950, 1951 and 1952.

The principal issues are whether plaintiff is entitled to:

1. An 85% intercorporate dividend deduction on certain dividends received by it from another corporation known as Allstates Constructors, Inc. (“Allstates”) during the years 1950, 1951 and 1952;

2. Claim income from certain construction…