LOCOMOTIVE FINISHED MATERIAL CO. v. UNITED STATES

No. 60-56.

168 F.Supp. 785 (1958)

LOCOMOTIVE FINISHED MATERIAL COMPANY v. UNITED STATES.

United States Court of Claims.

December 3, 1958.


Attorney(s) appearing for the Case

A. Harding Paul, Washington, D. C., for plaintiff.

John A. Rees, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for the defendant. James P. Garland, Baltimore, Md., and H. S. Fessenden, Washington, D. C., on the brief.


MADDEN, Judge.

The plaintiff sues to recover a part of the excess profits tax which it was required to pay for its fiscal year ending October 31, 1942. It claims that the Government misinterpreted certain statutes in computing the tax, and thereby overtaxed the plaintiff in the amount of $29,595.92. There is no factual dispute between the parties, hence whichever one has interpreted the statutes correctly is entitled to a judgment on its motion.

The plaintiff...

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