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JACKSON v. UNITED STATES

No. 12685.

242 F.2d 333 (1957)

H. A. JACKSON, an individual formerly doing business as Jackson Products, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

March 20, 1957.

Attorney(s) appearing for the Case

William J. Murray and Melvin S. Huffaker, Detroit, Mich. (Smith & Huffaker, Detroit, Mich., on the brief), for appellant.

Harland F. Leathers, Dept. of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., Melvin Richter, Atty., Washington, D. C., Fred W. Kaess, U. S. Atty., Detroit, Mich., on the brief), for appellee.

Before SIMONS, Chief Judge, ALBERT LEE STEPHENS of the Ninth Circuit, and ALLEN, Circuit Judges.

PER CURIAM.

We are here asked to determine whether in an action by the United States to recover excessive profits conceded to be due under the Renegotiation Act,1 the defendant-appellant can litigate the correctness of the amount of tax credit allowed against such excessive profits. We are of the opinion that the defendant-appellant cannot do so and adopt the reasoning of the Court in United States v. Failla, D.C.N.J.,

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