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BETHLEHEM STEEL CORPORATION v. UNITED STATES

No. 309-65.

434 F.2d 1357 (1970)

BETHLEHEM STEEL CORPORATION v. The UNITED STATES.

United States Court of Claims.

December 11, 1970.

Attorney(s) appearing for the Case

George G. Tyler, New York City, attorney of record, for plaintiff; Richard J. Hiegel, New York City, of counsel.

Norman J. Hoffman, Jr., Washington, D.C., on the original argument and Philip R. Miller, Washington D.C., on the reargument, with whom was Assistant Atty. Gen. Johnnie M. Walters, for defendant; Joseph Kovner, Washington, D.C. of counsel.

Before LARAMORE, Acting Chief Judge, JONES, Senior Judge, and DURFEE, DAVIS, SKELTON, and NICHOLS, Judges.

OPINION

DAVIS, Judge.

In this income tax refund suit for 1956, the litigants have stipulated the facts, and the issue is purely one of law. In 1955 taxpayer Bethlehem Steel Corporation issued for public distribution $191,659,000 of its 3¼% twenty-five year debentures, due May 1, 1980, on which interest was payable semi-annually on May 1 and November 1. Under the terms of the indenture (dated May 1, 1955), the debentures were convertible into Bethlehem...

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