Wisconsin Electric Power Co. v. United States

DUFFY, District Judge.

This action is brought to recover excise taxes paid on the sale of electrical energy by plaintiff under the provisions of Section 3411 of the Internal Revenue Code, 26 U.S.C.A. Int.Rev.Code, § 3411. The period involved is from April 1, 1940, to July 1, 1943, during which time plaintiff sold electrical energy to various dairy customers engaged, among other things, in pasteurization of milk and functions normally incident to such pasteurization.

The dairies to which plaintiff sold electrical energy, with one exception, carried on their business substantially as follows:…