Lake Erie Engineering Corporation v. George T. McGowan Collector of Internal Revenue

CLARK, Chief Judge.

This is an appeal from a decision of' Judge Morgan, D.C.W.D.N.Y., 162 F. Supp. 176, denying the claims of Lake-Erie Engineering Corporation to refunds of excess profits taxes for the years 1942. through 1945. In May 1942, to increase-its capacity to produce materials essential to the war effort, Lake Erie entered, into a standard “Emergency Plant Facilities” contract with the Navy Department. This contract provided that, plaintiff was initially to finance and construct the needed facilities at its own-, expense. It was then to be reimbursed for their total cost in sixty…