Budd Co. v. United States

VAN DUSEN, District Judge.

In this suit for refund of federal corporation income taxes commenced on June 30, 1953, the defendant filed on April 9, 1956,1 a motion for leave to file a second amended answer, which motion is objected to by the plaintiff.

The second amended answer adds to the defenses contained in the first amended answer the allegation that the net operating loss of the plaintiff for the year 1946, available for carry-forward to 1947, in the amount of $7,379,254.902 should be eliminated by a credit against the taxpayer’s income and excess profits tax liabilities for 1944 in the…