Tri-State Transit Co. v. Stone

ON SUGGESTION OF ERROR.

Inasmuch as the withholding of any rationally legitimate deduction operates to increase the income taxes which the taxpayer must discharge, makes taxable that which otherwise would not be taxable, it would seem sound legal logic that any exception which would withhold such a deduction should be strictly construed, and all doubts resolved, in favor of the taxpayer; and it was upon this logic that I concurred in the reversal of the decree when this case was decided a few weeks ago. The opposite view, however, may well be taken — that because deductions are merely factors…