In Re the Excise Tax of Robert Hind, Ltd.

OPINION OP THE COURT BY

BANKS, J.

This is an appeal by the taxpayer, Robert Hind, Limited, from a decision of the tax appeal court.

Pursuant to Act 42, 2d Sp. S. L. 1932, chapter 63, R. L. 1935 (later repealed by Act 119, L. 1935), the taxpayer, which operates a dairy business in Honolulu, filed a business excise tax return covering its operations for the calendar year 1933.

Section 1 of said Act 42 imposed an annual excise tax upon each person doing business within the Territory. Section 3 of said Act provided that the tax be measured by “(1) the net taxable income, if any, of such person…