SEIBERLING RUBBER COMPANY v. UNITED STATES

No. 32-58.

297 F.2d 842 (1962)

SEIBERLING RUBBER COMPANY, a Delaware Corporation, v. The UNITED STATES.

United States Court of Claims.

Rehearing Denied March 7, 1962.


Attorney(s) appearing for the Case

Edward C. Park, Boston, Mass., for plaintiff.

Benjamin H. Pester, Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant. Lyle M. Turner and Rufus E. Stetson, Jr., Washington, D. C., on the brief.


LARAMORE, Judge.

This is a suit to recover alleged over-payments of income taxes for the years 1948 and 1950, to which plaintiff claims it is entitled as the result of a net operating loss for the year 1949.

The taxpayer, during all times material to this case, kept its books and records and filed its Federal tax returns on the accrual method of accounting. In the years prior to 1946 it filed its Federal tax return on a fiscal year basis ending October 31...

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