NELSON SPECIALTY CORPORATION v. UNITED STATES

Civ. No. 32768.

154 F.Supp. 155 (1957)

NELSON SPECIALTY CORPORATION, Plaintiff, v. The UNITED STATES, Defendant.

United States District Court N. D. California, S. D.

August 6, 1957.


Attorney(s) appearing for the Case

Charles J. Leighton, Jr., Oakland, Cal., for plaintiff.

Charles K. Rice, Asst. Atty. Gen., James P. Garland, Walter B. Langley, Attys., Department of Justice, Washington, D. C., Lloyd H. Burke, U. S. Atty., Lynn J. Gillard, Chief Asst. U. S. Atty., San Francisco, Cal., for defendant.


HARRIS, District Judge.

Plaintiff, a California corporation, seeks to recover from defendant certain moneys collected for the tax year ending March 31, 1944. Under its first cause of action plaintiff seeks a refund of $5,624.04 which is 10% of an excess profits tax deficiency of $56,240.44 paid by plaintiff subsequent to July 1, 1945.

In its first counterclaim, defendant seeks to recover $23,171.35 from plaintiff, such sum being the balance owing on plaintiff...

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