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CINCINNATI MILLING MACH. CO. v. UNITED STATES

No. 42872.

14 F.Supp. 505 (1936)

CINCINNATI MILLING MACH. CO. v. UNITED STATES.

Court of Claims.

May 4, 1936.

Attorney(s) appearing for the Case

A. K. Shipe, of Washington, D. C. (Esch, Kerr, Taylor & Shipe, of Washington, D. C., on the brief), for plaintiff.

J. W. Blalock, of Washington, D. C., and Robert H. Jackson, Asst. Atty. Gen. (Frank J. Wideman, Asst. Atty. Gen., on the brief), for the United States.

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

WILLIAMS, Judge.

The plaintiff seeks recovery of the sum of $24,114.66, with interest, an alleged overpayment of federal income taxes for the year 1927.

For the years 1918 to 1927, inclusive, the plaintiff filed consolidated income tax returns for itself and the Modern Foundry Company. Plaintiff, in April, 1917, had acquired all the common capital stock of the Modern Foundry Company for which it paid $167,738.86 in cash, and on December 27, 1922, had acquired...

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