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TEXAS & P. RY. CO. v. UNITED STATES

No. K-148.

52 F.2d 1040 (1931)

TEXAS & P. RY. CO. v. UNITED STATES.

Court of Claims.

October 20, 1931.

Attorney(s) appearing for the Case

Chester A. Gwinn, of Washington, D. C. (Humphreys & Gwinn, of Washington, D. C., on the brief), for plaintiff.

Montgomery B. Angell, of New York City, amicus curiæ.

Charles B. Rugg, Asst. Atty. Gen. (Joseph H. Sheppard, of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

LITTLETON, Judge.

On the first issue the plaintiff contends that the amount of $2,061,082.63 received from the United States under the provisions of section 209 of the Transportation Act of 1920 to make good an operating deficit for the guaranty period was strictly a bounty or a subsidy from the sovereign to the railroad and, as such, was free from taxation by the United States. We are unable to agree with this contention. This question was before the United States...

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