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GREYHOUND CORPORATION v. UNITED STATES

Nos. 71-2977 to 71-2979 and 71-2989.

495 F.2d 863 (1974)

The GREYHOUND CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. GREYHOUND LINES, INC., Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. GREYHOUND LINES, INC., Defendant-Appellee. The GREYHOUND CORPORATION and Greyhound Lines, Inc., Plaintiffs-Cross-Appellants, v. UNITED STATES of America, Defendant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

April 11, 1974.

Attorney(s) appearing for the Case

Gary R. Allen, (argued), Scott P. Crampton, Asst. U. S. Atty. Gen., Meyer Rothwacks, of U. S. Dept. of Justice-Tax Division, Washington, D. C., J. L. Browning, U. S. Atty., Martin A. Schainbaum, Asst. U. S. Atty., San Francisco, Cal., for appellant-cross appellee United States.

John B. Lowry, (argued), Gordon M. Weber, Robert A. Blum, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for appellee-cross appellant Greyhound Corporation.

Before CHAMBERS, KOELSCH and KILKENNY, Circuit Judges.

OPINION

KILKENNY, Circuit Judge:

The cases included within this consolidated appeal involve the appropriateness of refunds under 26 U.S.C. § 6421(b), of federal fuel excise taxes paid during a period encompassing April 1 to May 31, 1957, and for each quarter during the calendar years 1958 through 1963. One consolidated income tax return was filed each year on behalf of all of Greyhound's operating divisions and subsidiaries. Greyhound Lines, Inc. and...

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