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OLIVIER COMPANY v. PATTERSON

Civ. A. No. 8037.

151 F.Supp. 709 (1957)

OLIVIER COMPANY, a Corporation, Plaintiff, v. George D. PATTERSON, Director of Internal Revenue of the District of Alabama, Defendant. United States of America, Intervenor.

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

May 20, 1957.

Attorney(s) appearing for the Case

D. H. Markstein, Jr., Birmingham, Ala., Louis F. Oberdorfer, W. R. Perlik, Cox, Langford, Stoddard & Cutler, Washington, D. C., and, Oberdorfer & Oberdorfer, Birmingham, Ala., for plaintiff.

William L. Longshore, U. S. Atty., and Atley A. Kitchings, Jr., Asst. U. S. Atty., Birmingham, Ala., and Andrew F. Oehmann and Charles Mehaffey, Attys., Dept. of Justice, Washington, D. C., for defendants.

LYNNE, Chief Judge.

This is an action for the recovery of income and excess profit taxes for the fiscal years ending March 31, 1954 and 1955, brought by Olivier Company, Inc., a New York corporation (hereinafter referred to as Olivier). This cause has been submitted upon a stipulation of facts agreed to by the parties. On March 2, 1953, Olivier became affiliated with C. I. Whitten Transfer Company, a West Virginia corporation (hereinafter referred to as Whitten) through...

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