Citadel Industries, Inc. v. United States

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff moves for summary judgment upon its first cause of action, which seeks recovery of interest on an overpayment of income tax for the year 1951. The government, agreeing there is no issue of fact and that the matter is ripe for summary judgment, cross-moves for judgment in its favor dismissing the complaint.

Plaintiff was under contract during the Korean war to manufacture various armaments, including tanks, for the United States. The contracts, of course, were subject to renegotiation. Plaintiff filed its federal income tax return for the year…