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ALUMINUM CO. OF AMERICA v. UNITED STATES

No. 42643.

30 F.Supp. 676 (1940)

ALUMINUM CO. OF AMERICA v. UNITED STATES.

Court of Claims.

January 8, 1940.

Attorney(s) appearing for the Case

Ward Loveless, of Washington, D. C. (Miller & Chevalier, of Los Angeles, Cal., and Smith, Buchanan, Scott & Ingersoll, of Pittsburgh, Pa., on the briefs), for plaintiff.

John W. Hussey, of Washington, D. C., and James W. Morris, Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, Sp. Assts. to Atty. Gen., on the briefs), for defendant.

Before WHALEY, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHITAKER, Judges.

WILLIAMS, Judge.

The suit arises as the result of the determination by the Commissioner of an overpayment of income and profits tax in favor of plaintiff for 1917 in the amount of $1,285,715.88 and the failure on the part of the Commissioner to make refund or credit of such amount and the interest thereon in a manner satisfactory to plaintiff. More specifically, what is asked is (1) judgment for $314,458.93 of that amount which was withheld by the Comptroller General...

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