FOOD MACHINERY AND CHEMICAL CORP. v. UNITED STATES

No. 147-54.

286 F.2d 177 (1960)

FOOD MACHINERY AND CHEMICAL CORPORATION, a Corporation v. UNITED STATES.

United States Court of Claims.

Rehearing Denied March 1, 1961.


Attorney(s) appearing for the Case

Harry R. Horrow, San Francisco, Cal., for plaintiff. Robert W. Morrison and Pillsbury, Madison & Sutro, San Francisco, Cal., on the briefs.

Jerome S. Hertz, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland and Philip R. Miller, Washington, D. C., on the brief.


LITTLETON, Judge (Retired).

Plaintiff, an accrual basis taxpayer, sues to recover income and excess profits taxes paid for its fiscal year ended September 30, 1945 (hereinafter called fiscal 1945). The taxes in question, in the amount of $744,548.35, were paid upon a profit allowance of $906,621.81 received by plaintiff on a contract termination claim which was actually paid in 1946 and 1947. The issue in the case is whether plaintiff was properly required by the...

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