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R. H. MACY & CO. v. UNITED STATES

148 F.Supp. 377 (1957)

R. H. MACY & CO., Inc., L. Bamberger & Co., Davison-Paxon Co. and The LaSalle & Koch Company, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

January 31, 1957.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore, New York City, Roswell Magill, Albert Rosenblum, Donald B. Smiley, Nathan Dreizen, New York City, of counsel, for plaintiffs.

Paul W. Williams, U. S. Atty., Southern District of N. Y., New York City, Thomas C. Burke, Howard A. Heffron, Asst. U. S. Attys., New York City, for defendant.

BICKS, District Judge.

In this action for refund of Federal income tax and declared value excess profits tax1 for the fiscal year ended January 31, 1942, plaintiffs have moved for summary judgment and the defendant has cross moved for similar relief. The determinative facts having been in the main stipulated, the decision turns upon the construction and applicability of the Regulations promulgated by the Commissioner of Internal Revenue...

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