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WELLS & WADE, INC. v. UNITED STATES

Nos. 353-58, 354-58.

280 F.2d 825 (1960)

WELLS & WADE, INC. v. UNITED STATES. WELLS & WADE FRUIT CO. v. UNITED STATES.

United States Court of Claims.

July 15, 1960.

Attorney(s) appearing for the Case

N. Barr Miller, Washington, D. C., J. Marvin Haynes, Oscar L. Tyree, Joseph H. Sheppard, Washington, D. C., and MacBride, Matthews & Hanify, Seattle, Wash., on the briefs, for plaintiffs.

H. S. Fessenden, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., for defendant.

JONES, Chief Judge.

Each of the plaintiffs is seeking to recover Federal income taxes paid for the period January 9, 1950, to and including December 31, 1950. Since the legal issues involved are identical and the only factual difference is in the names of the respective plaintiffs, the two cases will be dealt with in a single opinion. The primary question presented here is whether the earnings of the plaintiff corporations for the period January 9, 1950, through December...

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