UNITED STATES v. DUBUQUE PACKING COMPANY

Nos. 15348, 15349.

233 F.2d 453 (1956)

UNITED STATES of America, Appellant, v. DUBUQUE PACKING COMPANY, a corporation, Appellee. DUBUQUE PACKING COMPANY, a corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

April 27, 1956.


Attorney(s) appearing for the Case

Benjamin Arac, Boston, Mass. (Matthew H. Czizek, Dubuque, Iowa, and Joseph Kruger, Boston, Mass., were with him on the brief), for Dubuque Packing Co.

Melva M. Graney, Atty., Dept. of Justice, Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., Francis E. Van Alstine, U. S. Atty., and Richard W. Beebe, Asst. U. S. Atty., Sioux City, Iowa, were with her on the brief), for the United States.

Before SANBORN, WOODROUGH and VAN OOSTERHOUT, Circuit Judges.


WOODROUGH, Circuit Judge.

The taxpayer, Dubuque Packing Company, brought this action to recover refunds of 1941 and 1942 taxes to the extent of overpayments resulting from retroactive adjustments to its net income for those years occasioned by taxpayer's subsequent election in 1946, approved by the Commissioner in 1947, to modify its method of inventory valuation. Refunds of the claimed overpayments were made by the Commissioner to the extent of the amounts of 1941...

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