CONTAINER SERVICE COMPANY v. UNITED STATES

No. 72-1777.

478 F.2d 770 (1973)

CONTAINER SERVICE COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 8, 1973.


Attorney(s) appearing for the Case

Peter J. Donahue, Dayton, Ohio, for plaintiff-appellant; Smith & Schnacke, Dayton, Ohio, on brief.

Donald H. Olson, Atty., Tax Div., Dept. of Justice, Washington, D. C., for defendant-appellee; Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, Leonard J. Henzke, Jr., Attys., Tax Div., Dept. of Justice, Washington, D. C., on brief; William W. Milligan, U. S. Atty., of counsel.

Before PHILLIPS, Chief Judge, KENT, Circuit Judge, and McALLISTER, Senior Circuit Judge.


PER CURIAM.

Taxpayer, Container Service Company, seeks a reversal of the District Court's dismissal of its tax refund suit. We affirm.

The facts are detailed in the District Court's opinion. 345 F.Supp. 235 (S.D. Ohio 1972). In 1968 the taxpayer established a profit sharing plan for its salaried employees and claims that its contributions made to the profit-sharing trust were tax deductible under 26 U.S.C. § 404(a...

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