McGRAW-EDISON COMPANY v. UNITED STATES

No. 179-56.

300 F.2d 453 (1962)

McGRAW-EDISON COMPANY v. The UNITED STATES.

United States Court of Claims.

March 7, 1962.


Attorney(s) appearing for the Case

James D. Head, Chicago, Ill., for plaintiff. Crane C. Hauser, Paul T. Kessler, Jr., Winston, Strawn, Smith & Patterson, Chicago, Ill., on the briefs.

Eugene Emerson, Washington, D. C., with whom was Asst. Atty. Gen., Louis F. Oberdorfer, for defendant. Lyle M. Turner and Phillip R. Miller, Washington, D. C., on the brief.


REED, Justice (Retired), sitting by designation.

Plaintiff sues to recover an alleged overpayment of federal corporation income taxes for the year 1945 in the amount of $27,588 plus interest. The issue basic to liability is whether the plaintiff, a government contractor, may deduct as an "ordinary and necessary" business expense1 damages paid to the United States under the provisions of a contract...

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