W & W FERTILIZER CORPORATION v. UNITED STATES

No. 17-74.

527 F.2d 621 (1975)

W & W FERTILIZER CORPORATION v. The UNITED STATES.

United States Court of Claims.

December 17, 1975.


Attorney(s) appearing for the Case

Sherwin P. Simmons, Tampa, Fla., atty. of record, for plaintiff; Harold W. Mullis, Jr., Ronald S. Nauveen and Trenam, Simmons, Kemker, Scharf & Barkin, Tampa, Fla., of counsel.

Charles E. Auslander, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, for defendant; Theodore D. Peyser, Jr., and Donald H. Olson, Washington, D. C., of counsel.

Before COWEN, Chief Judge, LARAMORE, Senior Judge, and BENNETT, Judge.


ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

LARAMORE, Senior Judge:

This is an action to recover Federal corporate income taxes paid by plaintiff, under protest, for the taxable year ended March 31, 1970. The sole question presented is whether the taxpayer's prior election to be treated as a "small business corporation" under Subchapter S of the Internal Revenue Code of 1954,1 terminated...

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