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OGLEBAY NORTON CO. v. UNITED STATES

No. 229-77.

610 F.2d 715 (1979)

OGLEBAY NORTON COMPANY v. The UNITED STATES.

United States Court of Claims.

November 14, 1979.

Attorney(s) appearing for the Case

William R. Stewart, Cleveland, Ohio, attorney of record, for plaintiff; Roy L. Turnell, John L. Selis, and Thompson, Hine & Flory, Cleveland, Ohio, of counsel.

Michael J. Dennis, Washington, D. C., with whom was Asst. Atty. Gen. M. Carr Ferguson, Washington, D. C., for defendant; Theodore D. Peyser, Jr., Washington, D. C., of counsel.

Before KUNZIG, BENNETT and SMITH, Judges.

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

SMITH, Judge:

This action for refund of federal income taxes in the amount of $60,915.24, plus interest thereon as provided by law, is before the court on cross-motions for summary judgment. The claims are for income taxes paid for the calendar years 1969, 1970, and 1971, and are based upon plaintiff's carry-back of an alleged...

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