States Steamship Company v. Internal Revenue Service
Court of Appeals for the Ninth Circuit
1Opinion of the Court
SWYGERT, Senior Circuit Judge.
The plaintiff, States Steamship Company (“States”), is a common carrier operating cargo vessels. It qualified for and received operating subsidies from the Maritime Administration (“MARAD”) pursuant to the Merchant Marine Act of 1936, ch. 858, 49 Stat. 1985, 46 U.S.C. §§ 1101 et seq. (“the Act”). As a condition to receiving subsidies, States was required under section 607(b) of the Act to create and maintain a capital reserve fund out of its gross earnings and to deposit into this fund an amount equal to its annual depreciation on the subsidized vessels. States…
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