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SMITH v. UNITED STATES

No. 50017.

130 F.Supp. 586 (1955)

Edward C. SMITH v. The UNITED STATES.

United States Court of Claims.

May 3, 1955.

Attorney(s) appearing for the Case

N. Barr Miller, Washington, D. C., J. Marvin Haynes, F. Eberhart Haynes, and Oscar L. Tyree, Washington, D. C., on the briefs, for plaintiff.

H. S. Fessenden, Washington, D. C., H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe and Ellis N. Slack, Washington, D. C., on the brief, for defendant.

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

LITTLETON, Judge.

The plaintiff sues to recover individual income taxes and deficiency interest paid for the calendar year 1944 in the amount of $11,070.57, with interest thereon. The plaintiff duly filed his income tax return for 1944 and paid the tax shown thereon.

In July 1944, the Bay City Electric Steel Casting Company (sometimes hereinafter referred to as the company), in which the plaintiff was a stockholder, acquired from the plaintiff and other stockholders...

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