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CAMPBELL FARMING CORPORATION v. UNITED STATES

No. 413-54.

132 F.Supp. 216 (1955)

CAMPBELL FARMING CORPORATION v. The UNITED STATES.

United States Court of Claims.

June 7, 1955.

Attorney(s) appearing for the Case

Keith L. Seegmiller, Washington, D. C., for plaintiff. William B. Waldo, James H. Kilbourne, and Coleman, Jameson & Lamey, Billings, Mont., were on the brief.

Gilbert E. Andrews, Arlington, Va., with whom was Asst. Atty. Gen., H. Brian Holland, for defendant. Andrew D. Sharpe, Washington, D. C., was on the brief.

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

MADDEN, Judge.

The plaintiff sues to recover income taxes which, it asserts, were illegally and erroneously assessed and collected. The Government has moved to dismiss the plaintiff's petition on the ground that it does not state a cause of action. The specific basis of the Government's motion is that the plaintiff's petition shows that the taxes in question were not the plaintiff's taxes, but the taxes of another corporation, the United States Wheat Corporation....

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