EQUITABLE LIFE ASSURANCE SOC. OF U. S. v. UNITED STATES

Nos. 559-58-563-58, 253-60.

366 F.2d 967 (1966)

The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES v. The UNITED STATES.

United States Court of Claims.

Decided October 14, 1966.


Attorney(s) appearing for the Case

Daniel M. Gribbon, Washington, D. C., attorney of record, for plaintiff, Robert E. O'Malley, Covington & Burling, Washington, D. C., Stuart McCarthy, New York City, of counsel.

Martin B. Cowan, Washington, D. C., with whom was Asst. Atty. Gen. Mitchell Rogovin, for defendant, Lyle M. Turner and Philip R. Miller, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS and COLLINS, Judges.


OPINION

DURFEE, Judge.*

In these six cases, plaintiff is suing for refunds of income taxes paid for the years 1950-1955. Each case covers a different year.

Each of the first five cases (Nos. 559-58 through 563-58, covering the years 1950-1954) originally involved a foreign tax credit issue (paragraph 5 of the respective petitions), a prepayment fees issue (paragraphs 6 and 7...

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