HEAVEN HILL DISTILLERIES, INC. v. UNITED STATES

No. 372-68.

476 F.2d 1327 (1973)

HEAVEN HILL DISTILLERIES, INC. v. The UNITED STATES.

United States Court of Claims.

As Amended May 24, 1973.


Attorney(s) appearing for the Case

David Sachs, New York City, for plaintiff; John Tarrant, Louisville, Ky., attorney of record. Myer Galanter, Louisville, Ky., Paul J. Bschorr, New York City and Tarrant, Combs, Blackwell & Bullitt, Louisville, Ky., of counsel.

Joseph Kovner, Washington, D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, for defendant; Gilbert E. Andrews, Jr. and James C. Bergner, Washington, D. C., of counsel.

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


OPINION

PER CURIAM:*

The ultimate issue is whether plaintiff corporation, a distiller of bourbon whiskey, may currently deduct in its fiscal years 1962-64 the expenses of "carrying charges" for storing the whiskey in barrels in its warehouses while it ages and awaits customers, rather than adding such carrying charges to the cost of its bulk whiskey inventory and deferring recovery...

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