J. E. Ervine & Co. v. United States

The plaintiff in this case seeks to recover $6,471.22 excess-profits taxes, including penalty and interest, assessed against it for the year 1917. The basis of the claim is that the Commissioner of Internal Revenue in computing the plaintiff’s invested capital erroneously excluded therefrom the cost to the partnership of the undivided interest in certain real estate which had prior to that year been purchased by the plaintiff and paid for out of accumulated surplus profits of the partnership.

The case was tried by the court on May 8, 1933, on which date special findings of fact were made, and…