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MIDVALE COMPANY v. UNITED STATES

No. 643-53.

138 F.Supp. 269 (1956)

The MIDVALE COMPANY v. The UNITED STATES.

United States Court of Claims.

January 31, 1956.

Attorney(s) appearing for the Case

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

Gilbert E. Andrews, Arlington, Va., with whom was Asst. Atty. Gen. H. Brian Holland, for defendant. Andrew D. Sharpe, Washington, D. C., was on the brief.

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

LITTLETON, Judge.

The plaintiff sued to recover $624,922.52, with interest, representing excess profits tax and deficiency interest for the years 1940-1945, inclusive, Midvale Company v. United States, 124 F.Supp. 678, 129 Ct.Cl. 483. The plaintiff contended that the Commissioner of Internal Revenue erroneously computed its excess profits credit under section 711 (b) (1) of the Excess Profits Tax of 1940, as amended, 26 U.S.C...

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