Cook, Comm. of Rev. v. Ks. City Southern R.R. Co.

Grieein Smith, Chief Justice.

This is a suit by Kansas City Southern Railway Company to recover income tax payments made under deficiency assessments for 1941 and 1942. Deductions reported by' the Railway Company applicable to operating expenses are involved. While discussions relating to these items were in progress it was found that a determination of the correct method of accounting for one year would be decisive of contentions affecting the second year; hence for the purpose of this opinion 1941 alone is discussed.

Act 118, approved March 9, 1929, Art. II, Sec. 3(e),’ Pope’s Digest Sec.…