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LOS ANGELES SHIPBUILDING & DRY. CORP. v. UNITED STATES

No. 86-55.

152 F.Supp. 236 (1957)

LOS ANGELES SHIPBUILDING & DRYDOCK CORPORATION v. The UNITED STATES.

United States Court of Claims.

June 5, 1957.

Attorney(s) appearing for the Case

William L. Kumler, Los Angeles, Cal., Arthur S. Deibert and Edward H. Mitchell, Los Angeles, Cal., on the briefs, for plaintiff.

Leland T. Atherton, Washington, D. C., with whom was Charles K. Rice, Asst. Atty. Gen., Andrew D. Sharpe, Washington, D. C., on the briefs, for defendant.

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

LITTLETON, Judge.

This is an action for the recovery of federal income and excess profits taxes alleged to have been overpaid during the taxable years 1940 and 1941, in the amount of $248,902.42,1 and improperly withdrawn by the Commissioner of Internal Revenue as credits against plaintiff's taxes for the taxable year 1943.

Defendant makes several arguments to support its motion for judgment on the pleadings, only one of which...

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