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H. B. ZACHRY COMPANY v. UNITED STATES

No. 435-70.

471 F.2d 1392 (1973)

H. B. ZACHRY COMPANY, San Antonio, TEXAS, v. The UNITED STATES.

United States Court of Claims.

January 18, 1973.

Attorney(s) appearing for the Case

O. D. Hite, San Antonio, Tex., for plaintiff. Robert J. Bird, Washington, D. C., and Chester H. Johnson, San Antonio, Tex., attorneys of record. Paul S. Richter and Bird & Tansill, Washington, D. C., of counsel.

Allan C. Lewis, Washington, D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, for the United States. Joseph Kovner, Washington, D. C., of counsel.

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

COWEN, Chief Judge:

This tax case raises issues which apparently have not been decided by any court and comes before us on cross-motions for summary judgment. It involves the interrelation that occurs between the investment credit provisions1 and the readjustment of income provisions2 of the Internal Revenue Code of 1954, when there is a redetermination of a subcontract price.

The essential facts are...

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