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ASSOCIATED TELEPHONE AND TELEGRAPH CO. v. UNITED STATES

199 F.Supp. 452 (1961)

ASSOCIATED TELEPHONE AND TELEGRAPH COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

November 8, 1961.

Attorney(s) appearing for the Case

Winthrop, Stimson, Putnam & Roberts, by John J. Boland, New York City, a member of the firm, for plaintiff, Theodore F. Brophy, Robert Adelson, Robert P. Adelman, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, New York City, for defendant, U. S., Robert M. Arum, Asst. U. S. Atty., New York City, of counsel.

LEVET, District Judge.

Both plaintiff and defendant have moved for summary judgment in this action, which is a suit brought against the United States of America pursuant to United States Code, Title 28, Section 1346 for the refund of federal income taxes in the amount of $3,639,297.27, with interest, representing an alleged overpayment of plaintiff's consolidated corporate income tax for the calendar (taxable) year 1954.

Plaintiff's Claims

Plaintiff...

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