MISSOURI PACIFIC RAILROAD COMPANY v. UNITED STATES

No. 65C 40(2).

301 F.Supp. 839 (1967)

MISSOURI PACIFIC RAILROAD COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Missouri.

October 10, 1967.


Attorney(s) appearing for the Case

Mark M. Hennelly and Gilbert P. Strelinger, St. Louis, Mo., for plaintiff.

Richard D. Fitzgibbon, Jr., U. S. Atty., by John A. Newton, Asst. U. S. Atty., St. Louis, Mo., for defendant.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

MEREDITH, District Judge.

This is an action for refund of income taxes paid for the years 1955 and 1956. The government has asserted an additional defense which seeks to diminish recovery by Missouri Pacific Railroad Company (hereafter called "taxpayer") in those years in the amount attributable to the credit for foreign taxes claimed by the taxpayer.

The questions presented are:

(1) Did the taxpayer...

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