Arizona Power Co. v. Stuart

LEMMON, District Judge.

Appellant brought suit in the District Court against the appellee to recover income taxes paid for the years 1943 and 1944. The appeal followed a judgment adverse to appellant.

The facts are undisputed. Appellant is the successor in interest to the Arizona Power Corporation, referred to herein as the Prescott Company, pursuant to a consolidation effected in 1945. The Prescott Company was a public utility concern engaged in the sale of electric energy and gas at rates established or approved by the Corporation Commission of the State of Arizona.

In the year 1935 Prescott…