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Du PONT de NEMOURS AND COMPANY v. UNITED STATES

Nos. 256-66 and 371-66.

471 F.2d 1211 (1973)

E. I. Du PONT de NEMOURS AND COMPANY v. The UNITED STATES.

United States Court of Claims.

January 18, 1973.

Attorney(s) appearing for the Case

Karl R. Price, Washington, D. C., atty. of record, for plaintiff. Roy A. Wentz, Jr., Wilmington, Del., John R. Malloy, Cleveland, Ohio, and Ivins, Phillips & Barker, Washington, D. C., of counsel.

Michael Abrutyn, Washington, D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, for defendant. Philip R. Miller and Gilbert W. Rubloff, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, KUNZIG and BENNETT, Judges.

DAVIS, Judge.

We are narrowly concerned with only one issue on these limited cross-motions for partial summary judgment in plaintiff E. I. Du Pont de Nemours and Company's (Du Pont) complex tax refund suits for 1959 and 1960. That question involves only one of the firm's inter-corporate transactions, presented by a set-off defense raised by the Government against the refund claims.1 There is agreement upon the facts of this transaction...

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