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DONRUSS COMPANY v. UNITED STATES

No. 16788.

384 F.2d 292 (1967)

The DONRUSS COMPANY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

September 27, 1967.

Attorney(s) appearing for the Case

Thomas Silk, Jr., Atty., Dept. of Justice, Washington, D. C., for appellant, Richard M. Roberts, Acting Asst. Atty. Gen., Meyer Rothwacks, Melva M. Graney, Attys., Dept. of Justice, Washington, D. C., on brief, Thomas L. Robinson, U. S. Atty., Memphis, Tenn., of counsel.

B. C. Clifton, Memphis, Tenn., for appellee, Lucius E. Burch, Jr., Tom Mitchell, Jr., Memphis, Tenn., on brief, Burch, Porter & Johnson, Farris, Hancock & Mitchell, Memphis, Tenn., of counsel.

Before O'SULLIVAN and CELEBREZZE, Circuit Judges, and BATTISTI, District Judge.

BATTISTI, District Judge.

The Commissioner of Internal Revenue assessed and collected from appellee, The Donruss Company (hereafter Donruss), accumulated earnings taxes for the taxable years 1960 and 1961. Thereafter, Donruss brought an action for the refund of said taxes in the District Court for the Western District of Tennessee. On the basis of a jury's responses to special interrogatories, the District Court entered judgment for Donruss. The United States appeals...

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