A. P. Green Export Company v. United States

JONES, Chief Judge.

This is a suit for the refund of Federal income taxes for the years 1952 and 1953. Plaintiff claims that during this period it operated as a Western Hemisphere trade corporation as defined in section 109 of the Internal Revenue Code of 1939, amended by the Revenue Act of 1942, 56 Stat. 798, 838, 26 U.S.C.A. § 109, and qualified for the special tax credit allowed such corporations under section 26 of the Code, 26 U.S.C.A. § 26.

Section 109(a) and (b) provides as follows:

“Sec. 109. Western hemisphere trade corporations.

“For the purposes of this chapter, the term ‘western…