ISMERT-HINCKE MILLING COMPANY v. UNITED STATES

No. KC-590.

145 F.Supp. 7 (1956)

The ISMERT-HINCKE MILLING COMPANY, a corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Kansas.

October 16, 1956.


Attorney(s) appearing for the Case

Philip L. Levi, and Robert E. Rosenwald, Kansas City, Mo., and Joseph Cohen, Kansas City, Kan., for plaintiff.

William C. Farmer, U. S. Atty., Topeka, Kan., Milton P. Beach, Asst. U. S. Atty., Kansas City, Kan., and Anthony T. Dealy, Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., and Andrew D. Sharpe, Dept. of Justice, Washington, D. C., were with them on brief), for defendant.


MELLOTT, Chief Judge.

This is a suit for refund of income and declared value excess profit taxes, alleged to have been illegally and erroneously assessed against the plaintiff and collected for the fiscal year ending May 31, 1946.

The facts admitted in the pleadings and the stipulations of the parties are, by this reference, so found. On the basis of evidence introduced at the hearing it is also found that the loss sustained by plaintiff and in issue here...

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