MEMPHIS TRANSIT COMPANY v. UNITED STATES

No. 355-57.

297 F.2d 542 (1961)

MEMPHIS TRANSIT COMPANY v. UNITED STATES.

United States Court of Claims.

Rehearing Denied March 7, 1962.


Attorney(s) appearing for the Case

Frank Norton Kern, New York City, for plaintiff, E. Roy Gilpin, New York City, and Arthur E. Devlin, St. Louis, Mo., on the brief.

Harold S. Larsen, Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant, James P. Garland, Lyle M. Turner, Philip R. Miller and J. Mitchell Reese, Jr., Washington, D. C., on the brief.


LARAMORE, Judge.

This is a suit for refund of income and excess profits taxes for the years 1943, 1944, and 1947.

The taxpayer corporation is engaged primarily in the operation of a motor bus and trackless trolley system in the City of Memphis, Tennessee. Prior to 1945, taxpayer operated an electric street railway system in Memphis, but this operation was abandoned in 1945, 1946, and 1947. As a result of this abandonment the taxpayer incurred an obvious loss...

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