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STUDEBAKER-PACKARD CORPORATION v. UNITED STATES

No. 432-54.

145 F.Supp. 919 (1956)

STUDEBAKER-PACKARD CORPORATION, a Michigan Corporation, v. The UNITED STATES.

United States Court of Claims.

November 7, 1956.

Attorney(s) appearing for the Case

Henry I. Armstrong, Jr., Detroit, Mich., for plaintiff. Bodman, Longley, Bogle, Armstrong & Dahling, Detroit, Mich., were on the briefs.

J. W. Hussey, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. Andrew D. Sharpe, Washington, D. C., and W. D. Kerr, Atlanta, Ga., were on the brief.

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

WHITAKER, Judge.

The plaintiff sues to recover alleged overpayments of excess profits taxes for the year 1942. These overpayments are claimed to have been caused by the refusal of the Commissioner of Internal Revenue to allow plaintiff to include in its invested capital advances made to it by Great Britain for the purchase of tools, machinery and equipment. The inclusion of these advances would have increased plaintiff...

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