Missouri Pacific Railroad

Court of Claims

Missouri Pacific Railroad

199 Ct. Cl. 1008, 1972 U.S. Ct. Cl. LEXIS 198, 1972 WL 5190

CourtUnited States Court of Claims

DecidedOctober 20, 1972

DocketNo. 388-71

StatusPublished

This text of 199 Ct. Cl. 1008 (Missouri Pacific Railroad) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Missouri Pacific Railroad, 199 Ct. Cl. 1008, 1972 U.S. Ct. Cl. LEXIS 198, 1972 WL 5190 (cc 1972).

Pincite

Opinion

Plaintiff seeks refund of Federal income taxes for calendar years 1962, 1963 and 1964, plus deficiency interest and statutory interest. This case comes before the court on defendant’s motion for partial summary judgment. Upon consideration thereof, together with the response in opposition thereto, without oral argument, the court concludes that plaintiff is collaterally estopped by the prior decision of this court, Missouri Pac. R.R. v. United States, 192 Ct. Cl. 318, 427 F. 2d 727 (1970), modified 193 Ct. Cl. 257, 433 F. 2d 1324 (1970), cert. denied, 402 U.S. 944 (1971), because there is in this case an identity of parties, underlying transactions and issues raised with the earlier case and no change in the legal climate. (See Murray v. United States, 192 Ct. Cl. 63, 426 F. 2d 376 (1970); St. Louis-San Francisco R.R. v. United States, 195 Ct. Cl. 343, 444 F. 2d 1102 (1971), cert. denied, 404 U.S. 1017 (1972) ; and National Alfalfa Dehydrating & Milling Co., 57 T.C. 46, 54-57 (1971), appeal filed January 3, 1972 (10th Cir.).) On October 20, 1972, by order, the court granted defendant’s motion for partial summary judgment and to such extent, on the issue of whether plaintiff is entitled to debt discount deductions during the years involved, 1962-1964, arising out of a 1956 reorganization issuance of debt and other securities in exchange for previously outstanding debt and other securities, the court dismissed the petition.

Free access — add to your briefcase to read the full text and ask questions with AI

Plaintiff seeks refund of Federal income taxes for calendar years 1962, 1963 and 1964, plus deficiency interest and statutory interest. This case comes before the court on defendant’s motion for partial summary judgment. Upon consideration thereof, together with the response in opposition thereto, without oral argument, the court concludes that plaintiff is collaterally estopped by the prior decision of this court, Missouri Pac. R.R. v. United States, 192 Ct. Cl. 318, 427 F. 2d 727 (1970), modified 193 Ct. Cl. 257, 433 F. 2d 1324 (1970), cert. denied, 402 U.S. 944 (1971), because there is in this case an identity of parties, underlying transactions and issues raised with the earlier case and no change in the legal climate. (See Murray v. United States, 192 Ct. Cl. 63, 426 F. 2d 376 (1970); St. Louis-San Francisco R.R. v. United States, 195 Ct. Cl. 343, 444 F. 2d 1102 (1971), cert. denied, 404 U.S. 1017 (1972) ; and National Alfalfa Dehydrating & Milling Co., 57 T.C. 46, 54-57 (1971), appeal filed January 3, 1972 (10th Cir.).) On October 20, 1972, by order, the court granted defendant’s motion for partial summary judgment and to such extent, on the issue of whether plaintiff is entitled to debt discount deductions during the years involved, 1962-1964, arising out of a 1956 reorganization issuance of debt and other securities in exchange for previously outstanding debt and other securities, the court dismissed the petition.

Cite This Page — Counsel Stack

Bluebook (online)

199 Ct. Cl. 1008, 1972 U.S. Ct. Cl. LEXIS 198, 1972 WL 5190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/missouri-pacific-railroad-cc-1972.

Opinion

Related

Cite This Page — Counsel Stack