W. R. Bonsal Co. v. United States

WARLICK, District Judge.

This is an action by plaintiff for a .claimed refund on corporate income and excess profits taxes, admittedly paid by it as shown in the return for its fiscal year beginning September 30, 1950 and ending September 30, 1951. The court has jurisdiction of this suit under 28 U.S.C. § 1346(a) (1).

The sole question presented is: Has the plaintiff established that, during 1950 and 1951 the deposit from which it obtained its income was “quartzite” so as to entitle it to a deduction under Sec. 23(m) and Sec. 114(b) (4) (A) (iii) of the Internal Revenue Act of 1939, as amended…