RAILWAY & EXPRESS CO. v. UNITED STATES

No. K-158.

56 F.2d 687 (1932)

RAILWAY & EXPRESS CO. v. UNITED STATES.

Court of Claims.

March 7, 1932.


Attorney(s) appearing for the Case

Lyle T. Alverson, of New York City (Wayne Johnson, of New York City, on the brief), for plaintiff.

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

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


LITTLETON, Judge.

The first question is whether the plaintiff is entitled under section 236 of the Revenue Acts of 1918 and 1921 (40 Stat. 1080, 42 Stat. 257) to a credit for 1920 and 1921 in computing the income subject to the normal income tax of 10 per cent. of the amount of interest received on obligations of the United States which interest was included in income for these years.

The Commissioner of Internal Revenue denied the plaintiff a credit in the...

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