HENRY RIVER MILLS CO. v. UNITED STATES

No. 49529.

96 F.Supp. 477 (1951)

HENRY RIVER MILLS CO. v. UNITED STATES.

United States Court of Claims.

April 3, 1951.


Attorney(s) appearing for the Case

John C. Reid, Washington, D. C., for plaintiff. Ivins, Phillips & Barker, Washington, D. C., were on the brief.

H. S. Fessenden, Washington, D. C., with whom was Asst. Atty. Gen. Theron Lamar Caudle, for defendant. Andrew D. Sharpe, Washington, D. C., was on the brief.

Before JONES, Chief Judge, and LITTLETON WHITAKER, MADDEN and HOWELL, Judges.


JONES, Chief Judge.

This is a suit to recover interest on an alleged deficiency in excess profits tax for the fiscal year 1942. Plaintiff contends that no deficiency ever existed and that such interest was illegally collected. Defendant claims that there was an underpayment but for the relief provisions of section 722 of the Internal Revenue Code and that, therefore, the interest was properly collected for the period prior to the granting of the relief.

The...

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