HB Zachry Company v. United States

MADDEN, Judge.

This is a suit to recover income and excess profits taxes for the year 1943. The petition also contains alternative claims which we do not find it necessary to consider. The troublesome question in this case is whether certain refund claims filed by the plaintiff were adequate foundations for its present suit.

The plaintiff kept its accounts and filed its tax returns on a calendar year basis, and used the accrual method of accounting. Its returns for 1941, 1942 and 1943 were audited by the taxing authorities in 1945. The examining agent raised many issues and proposed the…