NUNNALLY INV. CO. v. UNITED STATES

No. 42389.

36 F.Supp. 332 (1941)

NUNNALLY INV. CO. v. UNITED STATES.

Court of Claims.

January 6, 1941.


Attorney(s) appearing for the Case

Wm. A. Sutherland, of Atlanta, Ga. (Crenshaw, Hansell & Gunby and Sutherland, Tuttle & Brennan, all of Atlanta, Ga., on the briefs), for plaintiff.

J. W. Hussey, of Washingon, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the briefs), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, and GREEN, Judges.


GREEN, Judge.

This is an action to recover the amount of $18,857.82 alleged to have been overpaid as income and profits taxes for the year 1920, together with interest thereon of $577.65.

On January 2, 1920, plaintiff sold all its business and assets. Part of the consideration of the sale was the assumption of certain taxes by the purchaser, which were paid in the years 1921 and 1922. The amount of these taxes was included by the Commissioner as part of plaintiff...

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