United States v. Wagner Electric Mfg. Co.

SANBORN, Circuit Judge.

The appellee, who will be hereinafter referred to as the taxpayer, brought suit against the United States to recover income and profits' taxes for the calendar year 1918, which taxes were alleged to have been erroneously assessed and collected. The case was tried by the court without a jury, and resulted in a judgment for the taxpayer. The government has appealed.

There is no dispute as to the facts. The taxpayer, prior to the year 1916, was engaged exclusively in the business of manufacturing electrical apparatus. In 1916 it entered into a contract with the British…