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PFEIFFER COMPANY v. UNITED STATES

No. 74-1650.

518 F.2d 124 (1975)

The PFEIFFER COMPANY, a corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 6, 1975.

Rehearing and Rehearing Denied June 27, 1975.

Attorney(s) appearing for the Case

Hugh R. Law, St. Louis, Mo., for appellant.

Alfred S. Lombardi, Atty., Tax Div., Dept. of Justice, Washington, D. C., for appellee.

Before GIBSON, Chief Judge, and HEANEY and ROSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 27, 1975.

GIBSON, Chief Judge.

The Pfeiffer Company appeals the District Court's1 grant of summary judgment dismissing its claim for refund of 1970 taxes. It claims that the enforced collection of additional taxes assessed during the pendency of a refund suit for the same taxable year is illegal as violative of § 7422(e) of the Internal Revenue Code of 1954, 26 U.S.C. § 7422...

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