Electric Storage Battery Co. v. Rothensies

KIRKPATRICK, District Judge.

This is a suit to recover income and excess profits taxes and interest in the sum of $229,805.34, assessed for the year 1935 and paid by the plaintiff under protest. The case was tried to the court without a jury, most, if not all, of the material facts being covered by a stipulation.

The taxpayer (keeping its books and making its returns upon the accrual basis) took deductions in its income tax returns for the years 1922 to 1926 inclusive, amounting in the aggregate to $825,151.52, representing manufacturer’s excise taxes which had been assessed against it during…