In Re Taxes, Kobayashi

OPINION OF THE COURT BY

CASSIDY, J.

This is an appeal taken by J. A. Bell as Deputy Tax Commissioner of the Territory of Hawaii from a decision of the tax appeal court holding invalid an additional assessment of general excise tax against the appellee, a building contractor. The assessment was on income claimed by the deputy tax commissioner to be allocable to receipts for dwellings constructed by the taxpayer on lots sold in a residential subdivision owned by him. The general facts upon which the additional assessment was based were stipulated by the parties on the hearing before the tax…