United States v. Fenix and Scisson, Inc., a Corporation

HILL, Circuit Judge.

Taxpayer corporation instituted this suit in the court below seeking a refund of $40,618.90 of income taxes paid for the fiscal year ending October 31, 1958. From a jury verdict based upon interrogatories, the trial court granted judgment for the taxpayer. The government’s motion for judgment notwithstanding the verdict and alternatively for a new trial was denied and this appeal was taken.

While the complaint sought to reinstate several deductions previously disallowed by the Commissioner, the only matter for review is whether taxpayer is entitled to deduct certain net…