Industrial Aggregate Company, a Corporation v. United States

BLACKMUN, Circuit Judge.

This corporate taxpayer,- Industrial Aggregate Company, has sued to recover a portion of the federal excess profits tax it paid for the calendar year 1951. The trial court dismissed the taxpayer’s complaint and this appeal followed. 1

Whether the taxpayer is entitled to prevail depends upon the tax treatment to be afforded to items aggregating $102,110.07 paid by it in 1952. If, in the determination of the taxpayer’s net income for that year, these items are deductible as expenses under § 23(a) (1) (A), as amended, of the Internal Revenue Code of 1939, 26 U.S.C.A. 2…