BABCOCK & WILCOX CO. v. PEDRICK

Nos. 107, 108, Dockets 22864, 22865.

212 F.2d 645 (1954)

BABCOCK & WILCOX CO. v. PEDRICK. BABCOCK & WILCOX TUBE CO. et al. v. PEDRICK.

United States Court of Appeals, Second Circuit.

Decided April 7, 1954.


Attorney(s) appearing for the Case

John F. Dooling, Jr., New York City (Sullivan & Cromwell and Dean D. Ramstad, New York City, on the brief), for plaintiff-appellant-appellee and plaintiffs-appellants.

Thomas C. Burke, Asst. U. S. Atty., New York City (J. Edward Lumbard, U. S. Atty., New York City, on the brief), for defendant-appellee-appellant and defendant-appellee.

Before CLARK, FRANK, and HINCKS, Circuit Judges.


CLARK, Circuit Judge.

These appeals bring up questions concerning the proper method of computing corporate excess profits taxes for the years 1942 and 1943 and of interest upon asserted deficiencies in their payment. The taxpayers' appeals in both the actions before us present the interesting contention that a corporation may accept a higher tax than the commissioner allows in order thus to take advantage of a higher refund under the statutory postwar refund of 10...

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