E. R. WAGNER MANUFACTURING COMPANY v. UNITED STATES

No. 63-C-73.

235 F.Supp. 969 (1964)

E. R. WAGNER MANUFACTURING COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Wisconsin.

December 8, 1964.


Attorney(s) appearing for the Case

William J. Willis, Milwaukee, Wis., for plaintiff; Foley, Sammond & Lardner, Milwaukee, Wis., of counsel.

Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, John B. Jones, Jr., Rupert J. Groh, Jr., Attorneys, Department of Justice, Washington, D. C., James B. Brennan, U. S. Atty., by Franklyn M. Gimbel, Asst. U. S. Atty., Milwaukee, Wis., for defendant.


GRUBB, District Judge.

Plaintiff, E. R. Wagner Manufacturing Company, a Wisconsin corporation, hereinafter called the "Taxpayer," seeks to recover income taxes paid for the year 1959, pursuant to deficiencies assessed in respect to deductions disallowed by the Internal Revenue Service. The action was tried to the court. There is no issue as to jurisdiction or venue. The parties have stipulated to substantial portions of the record.

Two questions are presented...

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