BURLINGTON-ROCK ISLAND RAILROAD CO. v. UNITED STATES

Civ. A. No. 13371.

200 F.Supp. 681 (1962)

BURLINGTON-ROCK ISLAND RAILROAD COMPANY, a corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. Texas, Houston Division.

January 4, 1962.


Attorney(s) appearing for the Case

Andrews, Kurth, Campbell & Jones, Houston, Tex., F. B. Walker and Rice M. Tilley, Fort Worth, Tex., and Joseph M Jones, Washington, D. C., for plaintiff.

Woodrow Seals, U. S. Atty., Houston, Tex., Louis F. Oberdorfer, Asst. Atty. Gen., and Jerry Hamovit, Special Asst. Atty. Gen., for defendant.


INGRAHAM, District Judge.

Plaintiff taxpayer, Burlington-Rock Island Railroad Company, seeks to recover from the United States the sum of $242,968.50, with interest. This sum represents income tax, plus deficiency interest thereon, collected from plaintiff by the Commissioner of Internal Revenue in satisfaction of plaintiff's asserted income tax liability for the calendar year 1954.

Plaintiff seeks to establish its right to recovery on the grounds that, as...

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