R. H. MACY & CO., Inc., L. Bamberger & Co., Davison-Paxon Co., and The La Salle & Koch Company, Plaintiffs-Appellees,
v.
UNITED STATES of America, Defendant-Appellant.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
Argued March 10, 1958.
Decided May 12, 1958.
Rehearing Denied June 16, 1958.
Attorney(s) appearing for the Case
Morton S. Robson, Asst. U. S. Atty., S. D. N. Y., New York City (Paul W. Williams, U. S. Atty., and Daniel F. McMahon, Asst. U. S. Atty., New York City, on the brief), for defendant-appellant.
Roswell Magill, of Cravath, Swaine & Moore, New York City (Albert Rosenblum, Charles T. Stewart, Nathan Dreizen, George S. Parlin, Jr., George G. Tyler, and Edward Q. Carr, Jr., New York City, on the brief), for plaintiffs-appellees.
Before CLARK, Chief Judge, HINCKS, Circuit Judge, and BRENNAN, District Judge.
United States Court of Appeals Second Circuit.
CLARK, Chief Judge.
The defendant appeals from a summary judgment in favor of the taxpayer, Macy,1 allowing it to recover income and excess profits taxes for the fiscal year 1942 and denying defendant's cross-motion for summary judgment. D.C.S.D. N.Y., 148 F.Supp. 377. The facts have been stipulated. At issue is whether Macy, in 1948, may recompute taxable income for the fiscal year 1942, using the...
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