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WALSH CONSTRUCTION COMPANY v. CHURCH

247 F.Supp. 808 (1965)

WALSH CONSTRUCTION COMPANY, Plaintiff, v. Charles A. CHURCH, District Director of Internal Revenue for the District of Manhattan, N. Y., Defendant.

United States District Court S. D. New York.

June 28, 1965.

Attorney(s) appearing for the Case

Hawkins, Delafield & Wood, New York City, for plaintiff; E. Randolph Dale, Robert G. Desmond, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., Southern District of New York, for defendant; Harvey R. Blau and Laurence Vogel, Asst. U. S. Attys., of counsel.

LEVET, District Judge.

This is a tax refund suit in which the plaintiff, Walsh Construction Company ("Walsh") seeks to recover $40,646.65 plus interest which it paid to the defendant pursuant to a determination by the Commissioner of Internal Revenue of a tax deficiency for the years 1950, 1951 and 1952.

The principal issues are whether plaintiff is entitled to:

1. An 85% intercorporate dividend deduction on certain dividends received

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