Northwestern States Portland Cement Co. v. Huston

SANBORN, Circuit Judge.

This action was brought by the appellant to recover alleged overpayments of income taxes for the years 1932 and 1933, which resulted from the inclusion by the Commissioner of Internal Revenue in the appellant’s gross income for the year 1932 of an item of $75,000 which in that year was transferred upon its books from a reserve account to surplus account. The sole question for decision is whether appellant realized taxable income as a result of the transfer. The trial court ruled that taxable income was realized, and entered judgment for the appellee, from which this…