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GENERAL FOODS CORP. v. UNITED STATES

No. 70-73.

530 F.2d 923 (1976)

GENERAL FOODS CORPORATION v. The UNITED STATES.

United States Court of Claims.

January 28, 1976.

Attorney(s) appearing for the Case

David I. Granger, Washington, D.C., atty. of record, for plaintiff. Harold D. Murry, Jr. and Clifford, Warnke, Glass, McIlwain & Finney, Washington, D.C., of counsel.

Richard F. Treacy, Jr., Washington, D.C., with whom was Asst. Atty. Gen. Scott P. Crampton, Washington, D.C., for defendant. Theodore D. Peyser and Donald H. Olson, Potomac, Md., of counsel.

Before LARAMORE, Senior Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, KUNZIG and BENNETT, Judges.

OPINION

KASHIWA, Judge.

This action comes before us on a stipulation of facts. The essential facts stipulated are recited below. Each of the parties claims that it is entitled to judgment on said stipulated facts. We hold for the defendant and against the plaintiff for reasons hereafter stated.

This is an action arising under the Internal Revenue Code of 1954 for the taxable year 1959, beginning April 1...

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