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AVIATION CORPORATION v. UNITED STATES

No. 45186.

46 F.Supp. 491 (1942)

AVIATION CORPORATION v. UNITED STATES.

Court of Claims.

June 1, 1942.

Attorney(s) appearing for the Case

John E. Hughes, of Chicago, Ill. (John F. O'Ryan and Basil O'Connor, both of New York City, on the brief), for plaintiff.

Joseph H. Sheppard, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.

JONES, Judge.

This is a suit to recover income tax, penalty and interest levied against the plaintiff, the Aviation Corporation, as transferee of the assets of the Universal Aviation Corporation. The levy was based upon the profits arising from an alleged sale to plaintiff by the Universal Aviation Corporation of stock which it held in the Fokker Aircraft Corporation of America.

Briefly the general facts are as follows:

The Universal Aviation Corporation...

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