MISSOURI PACIFIC RAILROAD COMPANY v. UNITED STATES

No. 40-63.

338 F.2d 668 (1964)

MISSOURI PACIFIC RAILROAD COMPANY v. The UNITED STATES.

United States Court of Claims.

November 13, 1964.


Attorney(s) appearing for the Case

Gerald J. O'Rourke, Jr., Washington, D. C., for plaintiff. Robert E. Simpson, St. Louis, Mo., on the briefs.

S. Laurence Shaiman, Washington, D. C., with whom was Asst. Atty. Gen., Louis F. Oberdorfer, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS and COLLINS, Judges.


LARAMORE, Judge.

The instant case involves a suit for refund of excess profits tax for the taxable year 1950, in which taxpayer bases its entitlement to a refund on the ground that the Commissioner of Internal Revenue erred in disallowing certain depreciation deductions, thereby reducing its excess profits credit. The government filed an answer wherein it denied this allegation and at the same time by way of a defense, in the nature of a setoff, alleged that taxpayer...

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