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BARBER OIL CORPORATION v. MANNING

Civ. A. Nos. 129-53, 12692-53.

135 F.Supp. 451 (1955)

BARBER OIL CORPORATION (formerly known as Barber Asphalt Corporation), successor by merger to Barber Asphalt Corporation, Plaintiff, v. John E. MANNING, former Collector of Internal Revenue for the Fifth Collection District of New Jersey, Defendant (two cases).

United States District Court D. New Jersey.

October 25, 1955.

Attorney(s) appearing for the Case

Pitney, Hardin & Ward, Newark, N. J., by Donald B. Kipp, Newark, N. J., for plaintiff. Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., by William R. Spofford, Sherwin T. McDowell, Robert R. Batt, Philadelphia, Pa., of counsel.

Raymond Del Tufo, Jr., U. S. Atty., by Herman Scott, Asst. U. S. Atty., Passaic, N. J., H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Allen A. Bowden, Ruppert Bingham, Sp. Assts. to the Atty. Gen., for defendants.

MODARELLI, District Judge.

These actions are claims for refunds of corporate taxes. In an order by this court dated May 18, 1954, Barber Oil Corporation, etc. v. Manning, etc., Civil 129-53, was consolidated for trial with Barber Oil Corporation, etc. v. Manning, etc., Civil 692-53; it was also ordered that the initial determinations by this court would be on two questions of law: (1) Whether plaintiff's unadjusted basis...

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