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MISSOURI PACIFIC RAILROAD COMPANY v. UNITED STATES

No. 142-67.

423 F.2d 727 (1970)

MISSOURI PACIFIC RAILROAD COMPANY v. The UNITED STATES.

United States Court of Claims.

As Amended March 25, 1970.

Attorney(s) appearing for the Case

George K. Dunham, Washington, D. C., for plaintiff. Robert T. Molloy, Washington, D. C., attorney of record; Mark M. Hennelly, Gilbert P. Strelinger, St. Louis, Mo., Gerald J. O'Rourke, Jr., and Robert E. Simpson, Washington, D. C., of counsel.

Philip R. Miller, Washington, D. C., with whom was Asst. Atty. Gen. Johnnie M. Walters, for defendant; E. Alan Moorhouse, Washington, D. C., of counsel.

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

ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT RESPECTING DEFENDANT'S OFFSET AND DEFENDANT'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT

SKELTON, Judge.

This is an income tax suit involving the proper method of computing income taxes and taking allowable deductions by a taxpayer under Section 1341 of the 1954 Internal Revenue Code (26 U.S.C. § 1341 (1964)). We have carefully considered the arguments of plaintiff, Missouri Pacific Railroad Company, and of...

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