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NORTHERN PACIFIC RAILWAY COMPANY v. UNITED STATES

No. 261-63.

378 F.2d 686 (1967)

NORTHERN PACIFIC RAILWAY COMPANY, Transferee of Northwestern Improvement Company v. The UNITED STATES.

United States Court of Claims.

June 9, 1967.

Attorney(s) appearing for the Case

Quinn O'Connell, Washington, D. C., for plaintiff; Robert T. Molloy, Washington, D. C., attorney of record. Gerald J. O'Rourke, Jr., and Robert E. Simpson, Washington, D. C., of counsel.

Richard J. Boyle, Washington, D. C., with whom was Asst. Atty. Gen. Mitchell Rogovin, for defendant. Philip R. Miller, Washington, D. C., of counsel.

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

OPINION

DAVIS, Judge.*

Northern Pacific Railway Company brought this suit to recover federal income taxes of $74,608.32 and deficiency interest of $19,631.18, which it paid as transferee of Northwestern Improvement Company ("Northwestern" or "NWI"), for the final taxable year of NWI commencing January 1, 1957, plus statutory interest.

At issue in the case is whether plaintiff, as transferee and successor to its wholly...

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