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GENERAL ELECTRIC COMPANY v. UNITED STATES

No. 228-62.

369 F.2d 724 (1966)

GENERAL ELECTRIC COMPANY v. The UNITED STATES.

United States Court of Claims.

December 16, 1966.

Attorney(s) appearing for the Case

Herbert L. Awe, Washington, D. C., for plaintiff, John P. Lipscomb, Washington, D. C., attorney of record, C. Rudolph Peterson, Washington, D. C., of counsel.

Philip R. Miller, Washington, D. C., with whom was Asst. Atty. Gen., Mitchell Rogovin, for defendant, Lyle M. Turner and David D. Rosenstein, Washington, D. C., of counsel.

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

OPINION

LARAMORE, Judge.

This is an action to recover $205,447.77 which plaintiff paid as interest on excess profits tax deficiencies for the taxable year 1944. In issue is the proper method of computing interest on deficiencies under section 292(a) of the Internal Revenue Code of 1939.1 26 U.S.C. § 292(a) (1952 Ed.).2 The facts have been stipulated.

On March 15, 1945, plaintiff filed...

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