MARSHALL DRUG CO. v. UNITED STATES

No. 47589.

95 F.Supp. 820 (1951)

MARSHALL DRUG CO. v. UNITED STATES.

United States Court of Claims.

Decided March 6, 1951.


Attorney(s) appearing for the Case

J. S. Seidman, New York City, for plaintiff.

Joseph H. Sheppard, Washington, D. C., with whom was Asst. Atty. Gen. Theron Lamar Caudle, for defendant. Andrew D. Sharpe, Washington, D. C., was on the brief.

Before JONES, Chief Judge, and HOWELL, MADDEN, WHITAKER and LITTLETON, Judges.


JONES, Chief Judge.

The issue here is whether, cancellations of indebtedness constituted gifts to the debtor, as plaintiff claims, or taxable income, as defendant contends.

Plaintiff, a calendar year and accrual basis corporation, operates a chain of retail drug stores in and around Cleveland. In 1940, although its assets exceeded its current liabilities, plaintiff was operating at a loss and had been for all but one of the five preceding years, the result...

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