LISSNER CO. v. UNITED STATES

No. K-471.

52 F.2d 1058 (1931)

H. LISSNER CO., Inc., v. UNITED STATES.

Court of Claims.

October 20, 1931.


Attorney(s) appearing for the Case

Benjamin B. Pettus, of Washington, D. C. (Edward F. Colladay, of Washington, D. C., Edwin M. Oyterbourg and Charles A. Houston, both of New York City, and Colladay, McGarraghy, Pettus & Wallace, of Washington, D. C., on the brief), for plaintiff.

George H. Foster, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen., for the United States.

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


LITTLETON, Judge.

This suit was instituted to recover $150,000, but in the brief plaintiff claims that if it is entitled to value its inventory at January 1, 1920, at actual market value, it is entitled to judgment for $99,155.76 with interest. In the alternative it is claimed that for the period March 20, 1920, to December 31, 1920, it overpaid its tax in the amount of $76,241.31.

The controversy arises over the fact that although it is claimed that the business...

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