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TIPTON AND KALMBACH, INC. v. UNITED STATES

No. 72-1563.

480 F.2d 1118 (1973)

TIPTON AND KALMBACH, INC., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

July 9, 1973.

Attorney(s) appearing for the Case

James H. Turner, Denver, Colo. (Stephen A. Weinstein, Denver, Colo., with him on the brief), for appellant.

Richard S. Halberstein, Dept. of Justice, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., Meyer Rothwacks, and Thomas L. Stapleton, Dept. of Justice, Washington, D. C., with him on the brief), of counsel, James L. Treece, U. S. Atty., for appellee.

Before LEWIS, Chief Judge, DURFEE, Judge, Court of Claims, and HOLLOWAY, Circuit Judge.

LEWIS, Chief Judge.

Tipton and Kalmbach, Inc. (taxpayer) appeals from a judgment denying its claim for refund of federal income taxes paid for the fiscal years ending April 30, 1964, 1965 and 1966.

In 1960 and 1962 taxpayer, a Colorado corporation, entered into agreements with the West Pakistan Water and Power Development Authority (WAPDA). Pursuant to the first of these agreements, taxpayer was to perform engineering services incident to the design and construction...

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