ATLANTIC CITY ELECTRIC COMPANY v. UNITED STATES

No. 33-55.

161 F.Supp. 811 (1958)

ATLANTIC CITY ELECTRIC COMPANY v. UNITED STATES.

United States Court of Claims.

May 7, 1958.


Attorney(s) appearing for the Case

N. Barr Miller, Washington, D. C., for plaintiff. J. Marvin Haynes, Haynes & Miller, F. Eberhart Haynes, Oscar L. Tyree and Joseph H. Sheppard, Washington, D. C., were on the briefs.

George Willi, III, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. Lyle M. Turner and James P. Garland, Washington, D. C., were on the briefs.


MADDEN, Judge.

The plaintiff sues for $84,105.60 of income tax paid by it for the year 1944. It claims that it should not have had to pay this tax because it was entitled to a credit which would have reduced its taxable income.

Section 26(h) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 26(h), provided that a public utility corporation, in computing its surtax net income, was entitled to a credit for, i. e., a deduction of, "the amount of dividends...

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