AMERICAN RADIATOR & S. SANITARY CORP. v. UNITED STATES

No. 505-58.

295 F.2d 939 (1961)

AMERICAN RADIATOR & STANDARD SANITARY CORPORATION v. UNITED STATES.

United States Court of Claims.

November 1, 1961.


Attorney(s) appearing for the Case

M. Bernard Aidinoff, New York City, for plaintiff. Norris Darrell, Kendyl K. Monroe, and Sullivan & Cromwell, New York City, were on the brief.

Eugene Emerson, Washington, D. C., with whom was Louis F. Oberdorfer, Asst. Atty. Gen., for defendant. James P. Garland and Philip R. Miller, Washington, D. C., were on the brief.


JONES, Chief Judge.

The plaintiff in this action, successor by statutory merger to Mullins Manufacturing Corporation (hereinafter called "taxpayer"), which was organized under the laws of New York, sues to recover alleged overpayments of excess profits taxes for the years 1951 and 1953 paid pursuant to the requirements of the Excess Profits Tax Act of 1950, 64 Stat. 1137, 26 U.S.C.A. § 430 et seq.

The facts are stipulated. To encourage stock ownership...

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