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KANSAS CITY SOUTHERN RY. CO. v. UNITED STATES

No. 49883.

112 F.Supp. 164 (1953)

KANSAS CITY SOUTHERN RY. CO. et al. v. UNITED STATES.

United States Court of Claims.

Decided June 2, 1953.

Attorney(s) appearing for the Case

Dean P. Kimball, Washington, D. C. (Jos. R. Brown, Kansas City, Mo., and Covington & Burling, Washington, D. C., on the briefs), for the plaintiffs.

J. W. Hussey, Washington, D. C., H. Brian Holland, Asst. Atty. Gen. (Andrew D. Sharpe, Washington, D. C., was on the brief), for the defendant.

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

MADDEN, Judge, delivered the opinion of the court.

The Louisiana & Arkansas Railway Company is a wholly owned subsidiary of the Kansas City Southern Railway Company. The latter company therefore included the income of the former in a consolidated income tax return which it filed for its affiliated group for the year 1940. It and the subsidiary here seek to recover some of the taxes paid with that return, and which were attributable to the income of the subsidiary...

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