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CUBAN-AMERICAN SUGAR CO. v. UNITED STATES

No. 43206.

27 F.Supp. 307 (1939)

CUBAN-AMERICAN SUGAR CO., Inc., v. UNITED STATES.

Court of Claims.

May 1, 1939.

Attorney(s) appearing for the Case

David A. Buckley, Jr., of Washington, D. C. (Harvey L. Rabbitt, Arthur L. Quinn, and Loring M. Black, all of Washington, D. C., on the brief), for plaintiff.

J. W. Hussey, of Washington, D. C., and James W. Morris, Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for the United States.

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

LITTLETON, Judge.

Upon the facts disclosed by the record it is clear that the plea in bar must be sustained and the petition dismissed. Plaintiff made application for the determination and computation of its profits tax for 1917 under the special assessment provisions of section 210 of the Revenue Act of 1917. The Commissioner allowed the application, computed the tax accordingly, and made a final determination in respect of that year. Thereafter, in 1927, plaintiff...

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