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FARREL-BIRMINGHAM CO. v. UNITED STATES

No. 598-52.

121 F.Supp. 636 (1954)

FARREL-BIRMINGHAM CO., Inc. v. UNITED STATES.

United States Court of Claims.

June 8, 1954.

Attorney(s) appearing for the Case

N. Barr Miller, Washington, D. C., J. Marvin Haynes, Haynes & Miller, Washington, D. C., Julius G. Day, Jr., Hartford, Conn., F. Eberhart Haynes and Oscar L. Tyree were on the briefs, for plaintiff.

J. W. Hussey, Washington, D. C., with whom was H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe and Lee A. Jackson, Washington, D. C., were on the brief, for defendant.

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

MADDEN, Judge.

The plaintiff corporation is in disagreement with the Government as to what is the right way to compute its excess profits tax for the year 1943. It computed its tax by the method which it claims to be right, and found the tax to be $3,489,638.68 which it paid on time. The Commissioner of Internal Revenue computed the tax by the method which he claimed to be right, and it came to $1,022,120.18 more, which he assessed, together with interest of $168...

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