NATIONAL FRUIT PRODUCT CO. v. UNITED STATES

No. 278.

105 F.Supp. 658 (1952)

NATIONAL FRUIT PRODUCT CO., Inc. v. UNITED STATES.

United States District Court, W. D. Virginia. Harrisonburg Division.

May 26, 1952.


Attorney(s) appearing for the Case

Hunton, Williams, Anderson, Gay & Moore, Richmond, Va., for plaintiff.

Andrew D. Sharpe and Elizabeth B. Davis, Special Assts. to the Atty. Gen., Howard C. Gilmer, Jr., U. S. Atty., Roanoke, Va., for defendant.


PAUL, Chief Judge.

This is an action for the refund of excess profits tax paid by the plaintiff for its fiscal year ending June 30, 1946. The parties have filed in the record a stipulation of facts and, no additional evidence having been offered, the facts set out in the stipulation are to be taken as those found by the court. From this stipulation the following appears.

The taxpayer kept its books on an accrual basis and filed its tax returns on the basis...

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