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E. W. BLISS COMPANY v. UNITED STATES

No. 19576.

426 F.2d 12 (1970)

E. W. BLISS COMPANY, Plaintiff Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

May 7, 1970.

Attorney(s) appearing for the Case

James P. Murtagh, New York City, for plaintiff-appellant; Simpson, Thacher & Bartlett, New York City, Laurence E. Oliphant, Jr., Squires, Sanders & Dempsey, Cleveland, Ohio, on the brief.

Richard B. Stone, Dept. of Justice, Washington, D. C., for defendant-appellee; Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Gilbert E. Andrews, Edward Lee Rogers, Attys., Dept. of Justice, Washington, D. C., on the brief; Bernard Stuplinski, U. S. Atty., Cleveland, Ohio, of counsel.

Before PHILLIPS, Chief Judge, and McCREE and BROOKS, Circuit Judges.

PHILLIPS, Chief Judge.

The taxpayer, E. W. Bliss Company, sued to recover excess profits taxes in the sum of $252,666.62 paid for the year 1952. District Judge James C. Connell found for the Government and dismissed the complaint. The taxpayer appeals. We affirm.

Decision of the case requires interpretation of § 446 of the Excess Profits Tax Act.1 Pertinent sections of this statute, including § 446, are made Appendix...

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