United States v. Gulf Oil Corp.

OPINION

GOURLEY, District Judge:

This is an action to recover a tax refund paid by the United States to Gulf Oil Corporation, with two counterclaims filed by defendants based on the doctrines of equitable recoupment and account stated or settled. Jurisdiction exists pursuant to 26 U.S.C.A. § 7402(a). The immediate matters before the Court are defendants’ Motion and plaintiff’s Cross Motion for Summary Judgment. It is the considered judgment of this Court that defendants’-Motion should be granted.

There is no dispute as to the facts involved. For the tax years 1955 and 1956 a total of $130,239.37…