Ely & Walker Dry Goods Co. v. United States

PHILLIPS, Circuit Judge.

This is an action by Ely & Walker Dry Goods Company against the United States to recover under the provisions of title 28, § 41, subd. 20, U. S. Code (28 USCA § 41, subd. 20), the sum of $465,741.10, with interest, on account of income and profits taxes alleged to have been erroneously and illegally assessed and collected from the dry goods company for the fiscal year ending November 30, 1918. The ease was tried upon an agreed statement of facts. The District Court entered judgment for the United States, and this is an appeal therefrom.

The facts are as follows:. On…