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BROWN PAPER MILL CO. v. COMMISSIONER OF INTERNAL REV.

No. 16115.

255 F.2d 77 (1958)

The BROWN PAPER MILL COMPANY, Inc., Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 11, 1958.

Attorney(s) appearing for the Case

Robert Ash, Norbert J. Heubusch, Washington, D. C., L. J. Benckenstein, Beaumont, Tex., for petitioner.

Harry Marselli, Atty. Dept. of Justice, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Atty., Dept. of Justice, Washington, D. C., John Potts Barnes, Chief Counsel, Internal Revenue Service, Claude R. Marshall, Sp. Atty., Washington, D. C., for respondent.

Before JONES, BROWN and WISDOM, Circuit Judges.

JONES, Circuit Judge.

The Brown Paper Mill Co., herein called the taxpayer, manufactures and sells Kraft paper and board. The taxpayer was incorporated in 1929. It and its predecessor corporation have been in operation since 1923.

The present controversy concerns the taxpayer's Federal excess profits taxes for the years 1940 through 1945. It filed claims for refund of income taxes overpaid for the years 1942 through 1945. It also filed applications for relief...

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