CARSON, PIRIE, SCOTT & COMPANY v. UNITED STATES

No. 13161.

286 F.2d 772 (1961)

CARSON, PIRIE, SCOTT & COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 27, 1961.


Attorney(s) appearing for the Case

James E. S. Baker, Kenneth F. Burgess, Robert R. Frei, Chicago, Ill.; Sidley, Austin, Burgess & Smith, Chicago, Ill., of counsel, for appellant.

Charles K. Rice, Asst. Atty. Gen., John J. Pajak, Lee A. Jackson, Melva M. Graney, Attorneys, Tax Division, Department of Justice, Washington, D. C., Robert Tieken, U. S. Atty., Chicago, Ill., Harvey M. Silets, Asst. U. S. Atty., Chicago, Ill., for appellee.

Before HASTINGS, Chief Judge, and DUFFY and KNOCH, Circuit Judges.


KNOCH, Circuit Judge.

Plaintiff, an operator of retail department stores, seeks to recover part of the federal income and excess profits taxes paid for the fiscal years ending January 31, 1944, through 1948, through recomputation of its taxable income for those years by the retail inventory method on a last in, first out basis (popularly called "LIFO") although it was stipulated that plaintiff filed its returns for those years using the retail inventory method on...

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