State v. Edelman

LAWSON, Justice.

This is an appeal by the State from a decree of the Circuit Court of Calhoun County, in Equity, vacating a deficiency in*476come tax assessment made by the State Department of Revenue against Samuel Edelman, a resident of Calhoun County.

The question for decision is whether Edelman owes State income tax on a tax refund which he received from the federal government.

Edelman has reported his income to the State on a calendar year cash accounting basis.

In 1952 Edelman paid to the Director of Internal Revenue the sum of $32,041.85 as additional federal income tax for the years 1943,…