OLIN MATHIESON CHEMICAL CORP. v. UNITED STATES

No. 12501.

265 F.2d 293 (1959)

OLIN MATHIESON CHEMICAL CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

April 13, 1959.


Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., John J. Pajak, Atty., Tax Division, U. S. Dept. of Justice, Washington, D. C., Harlington Wood, Jr., U. S. Atty., Springfield, Ill., Lee A. Jackson, A. F. Prescott, Attys., Dept. of Justice, Washington, D. C., Marks Alexander, Asst. U. S. Atty., Springfield, Ill., for appellant.

William C. Connett, IV, St. Louis, Mo., R. H. McRoberts, St. Louis, Mo., for appellee, William M. Horne, Jr., New York City, William H. Charles, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., of counsel.

Before SCHNACKENBERG, HASTINGS and KNOCH, Circuit Judges.


HASTINGS, Circuit Judge.

The sole question presented in this appeal is whether, in a suit for refund of taxes paid in 1945 based upon a carryover of a capital loss allowed for 1944, the district court properly held that, although the statute of limitations had run, the taxpayer, Olin Mathieson Chemical Corporation (Olin), was entitled to relief under the mitigation of limitations provisions of the Internal Revenue Code of 1954, 26 U.S.C.A. §§ 1311-1315....

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