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BEAR MANUFACTURING COMPANY v. UNITED STATES

No. 18221.

430 F.2d 152 (1970)

BEAR MANUFACTURING COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied August 25, 1970.

Attorney(s) appearing for the Case

Edward Keefe, Samuel M. Gilman, Coyle, Gilman & Keefe, Rock Island, Ill., for plaintiff-appellant.

Frank J. Violanti, U. S. Atty., Springfield, Ill., Johnnie M. Walters, Asst. Atty. Gen., Stephen Schwarz, Lee A. Jackson, Bennet N. Hollander, Attys., Tax Division, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before SWYGERT, Chief Judge, MURRAH, Senior Circuit Judge, and CAMPBELL, Senior District Judge.

MURRAH, Senior Circuit Judge.

In this appeal from the trial court's adverse determination of Bear's income tax refund claim, we must apply to unique facts the general rule that items deducted from gross income in one year are taxable income in the year of their recovery. Rothensies v. Electric Storage Battery Co., 329 U.S. 296, 67 S.Ct. 271, 91 L.Ed. 296 (1946); Alice Phelan Sullivan Corp. v. United States, 381 F.2d...

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