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GAR WOOD INDUSTRIES, INC. v. UNITED STATES

No. 20269.

437 F.2d 558 (1971)

GAR WOOD INDUSTRIES, INC., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

January 28, 1971.

Attorney(s) appearing for the Case

Janet R. Spragens, Atty., Dept. of Justice, Washington, D. C., for defendant-appellant; Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Thomas L. Stapleton, Attys., Dept. of Justice, Washington, D. C., on brief; James H. Brickley, U. S. Atty., Detroit, Mich., of counsel.

George B. Martin, Detroit, Mich., for plaintiff-appellee; Dickinson, Wright, McKean & Cudlip, Detroit, Mich., on brief; Edward L. Weber, Detroit, Mich., of counsel.

Before WEICK and MILLER, Circuit Judges, and MURRAH, Senior Circuit Judge.

MURRAH, Senior Circuit Judge.

The only question on appeal in this income tax refund case is whether, under undisputed facts, Gar Wood, an accrual basis taxpayer, should have included in its 1951 and 1952 income certain payments due under the terms of its government contracts but withheld by the Corps of Engineers pending redetermination of the contract prices. Gar Wood took the position that the funds unilaterally withheld pending final redetermination of the contract...

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