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GIMBEL BROS., INC. v. UNITED STATES

No. 491-71.

535 F.2d 14 (1976)

GIMBEL BROTHERS, INC. v. The UNITED STATES.

United States Court of Claims.

May 12, 1976.

Attorney(s) appearing for the Case

John Wilcox, New York City, atty. of record, for plaintiff. Chadbourne, Parke, Whiteside & Wolff, George E. Zeitlin, and Leslie J. Schreyer, New York City, of counsel.

Robert N. Dorosin, Washington, D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, Washington, D. C., for defendant. Theodore D. Peyser Jr. and Robert Markham, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and DAVIS and KASHIWA, Judges.

OPINION

KASHIWA, Judge:

This action comes before us on a stipulation of facts. The essential facts stipulated are recited below. This action arises under the Internal Revenue Codes of 1939 and 1954 for the taxable years ended January 31, 1952, through January 31, 1966, inclusive.

We hold for the plaintiff for reasons hereafter stated.

Plaintiff is engaged in the business of selling merchandise through department stores. It qualified as a...

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