RUSSELL MANUFACTURING COMPANY v. UNITED STATES

No. 443-56.

175 F.Supp. 159 (1959)

RUSSELL MANUFACTURING COMPANY v. UNITED STATES.

United States Court of Claims.

July 15, 1959.


Attorney(s) appearing for the Case

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

Eugene Emerson, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland and Lyle M. Turner, Washington, D. C., were on the brief.


JONES, Chief Judge.

This is a suit to recover an alleged overpayment in excess profits taxes for the taxpayer's fiscal year ending November 30, 1945. The controversy centers on the tax consequences of a plan for additional profit-sharing compensation for plaintiff's officers and key employees.

The primary question presented is whether plaintiff, an accrual basis taxpayer, is entitled to a deduction in its fiscal year 1945 for contributions made or accrued...

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