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J. E. ERVINE & CO. v. UNITED STATES

No. K-255.

10 F.Supp. 1019 (1935)

J. E. ERVINE & CO. v. UNITED STATES.

Court of Claims.

June 3, 1935.

Attorney(s) appearing for the Case

W. W. Ross, of Washington, D. C., for plaintiff.

John A. Rees, of Washington, D. C., and Frank J. Wideman, Asst. Atty. Gen. (Fred K. Dyar, of Washington, D. C., on the brief), for defendant.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

WILLIAMS, Judge.

The plaintiff in this case seeks to recover $6,471.22 excess profits taxes, including penalty and interest, assessed against it for the year 1917. The basis of the claim is that the Commissioner of Internal Revenue in computing the plaintiff's invested capital erroneously excluded therefrom the cost to the partnership of the 11/16 undivided interest in certain real estate which had prior to that year been purchased by the plaintiff and paid for out...

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