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HOWARD SHEEP CO. v. UNITED STATES

No. H-168.

56 F.2d 474 (1932)

HOWARD SHEEP CO. v. UNITED STATES.

Court of Claims.

March 7, 1932.

Attorney(s) appearing for the Case

Robert A. Littleton, of Washington, D. C. (Camden R. McAtee, of Washington, D. C., Blaine B. Shimmel, of Phoenix, Ariz., and Mason, Spalding & McAtee, of Washington, D. C., on the brief), for plaintiff.

Bradley B. Gilman, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen. (James A. Cosgrove, of Washington, D. C., on the brief), for the United States.

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

GREEN, Judge.

This action is begun to recover an alleged overpayment of income and profits taxes which were assessed against and paid by the plaintiff for the year 1918. It appears that in the forepart of 1919 a formal resolution was adopted by the plaintiff authorizing the payment of additional salaries to its officers as of December 31, 1918, and plaintiff claims that the amount of additional salaries so provided for should be allowed as a deduction from the amount...

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