KREY PACKING COMPANY v. UNITED STATES

No. 9420(2).

138 F.Supp. 109 (1956)

KREY PACKING COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Missouri, E. D.

January 26, 1956.


Attorney(s) appearing for the Case

Lowenhaupt, Waite, Chasnoff & Stolar, Abraham Lowenhaupt, Henry C. Lowenhaupt, Alfred O. Heitzmann, St. Louis, Mo., for plaintiff.

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Fred J. Neuland, Attys., Dept. of Justice, Washington, D. C., Harry Richards, U. S. Atty., Robert C. Tucker, Asst. U. S. Atty., St. Louis, Mo., for defendant.


HULEN, District Judge.

Plaintiff sues to recover income and excess profit taxes, and interest thereon, assessed by the Commissioner of Internal Revenue and collected by way of a credit on other taxes assessed against plaintiff.

The facts are not in dispute. The issue presented on the first four counts of the complaint turns on the interpretation to be placed on certain sections of the Internal Revenue Code and Regulations made by the Treasury Department. During...

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