FEC LIQUIDATING CORP. v. UNITED STATES

No. 201-75.

548 F.2d 924 (1977)

FEC LIQUIDATING CORP., etc. v. The UNITED STATES.

United States Court of Claims.

January 26, 1977.


Attorney(s) appearing for the Case

Arnold Fisher, Newark, N.J., attorney of record for plaintiff. David W. Mills and Lowenstein, Sandler, Brochin, Kohl & Fisher, Newark, N.J., of counsel.

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

Before SKELTON, NICHOLS and KUNZIG, Judges.


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

NICHOLS, Judge.

Plaintiff sues to recover the Federal income taxes it paid upon gains realized from its sale of two blocks of Whittaker Corporation common stock, which plaintiff had acquired in exchange for its assets. Both parties move for summary judgment on plaintiff's counts one and four, relating to its entitlement to the refund. Plaintiff's other counts are not the subject of the...

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