FARDALE CORPORATION v. UNITED STATES

No. 258-58.

175 F.Supp. 175 (1959)

FARDALE CORPORATION, formerly known as Liberty Products Corporation v. UNITED STATES.

United States Court of Claims.

July 13, 1959.


Attorney(s) appearing for the Case

Rollin Browne, New York City, for plaintiff. Hugh Satterlee, Washington, D. C., on the brief.

William T. Kane, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. James P. Garland and Philip R. Miller, Washington, D. C., on the brief.


LARAMORE, Judge.

This suit is brought by plaintiff to recover alleged overpayments of excess profits taxes for the years 1950 through 1953.

The petition alleges that certain payments included in its 1945 income were erroneous and should have been included in 1946 for the purpose of computing income for its base period years.

Defendant by way of affirmative defense pleads that the plaintiff is equitably estopped from correcting the alleged error because...

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