Porto Rico Fertilizer Co. v. Sancho

BINGHAM, Circuit Judge.

These are two appeals from judgments of the Supreme Court of Puerto Rico involving similar questions of law under the Insular Income Tax Act approved August 6,1925, No. 74. The facts are to be gathered from the complaints to which demurrers were filed, on the ground that they did not state a cause of action.

By the statute the taxpayer was required to file a return (sections 37(a), 39(a) (b), and 27(a) and to pay the tax (section 53(a) (b) computed by the Treasurer upon the face of the return (section 54) without formal assessment.

In the complaint of the Fertilizer…