NORTHWESTERN STATES PORTLAND CEMENT CO. v. HUSTON

No. 12015.

126 F.2d 196 (1942)

NORTHWESTERN STATES PORTLAND CEMENT CO. v. HUSTON, Collector of Internal Revenue.

Circuit Court of Appeals, Eighth Circuit.

March 12, 1942.


Attorney(s) appearing for the Case

Fred N. Furber, of Minneapolis, Minn. (Earl Smith and Smith & Beck, all of Mason City, Iowa, and Fowler, Youngquist, Furber, Taney & Johnson, of Minneapolis, Minn., on the brief), for appellant.

Michael H. Cardozo, IV, Sp. Asst. to the Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch, Sp. Asst. to Atty. Gen., Maurice F. Donegan, U. S. Atty., of Davenport, Iowa, and Cloid I. Level, Asst. U. S. Atty., of Des Moines, Iowa, on the brief), for appellee.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.


SANBORN, Circuit Judge.

This action was brought by the appellant to recover alleged overpayments of income taxes for the years 1932 and 1933, which resulted from the inclusion by the Commissioner of Internal Revenue in the appellant's gross income for the year 1932 of an item of $75,000 which in that year was transferred upon its books from a reserve account to surplus account. The sole question for decision is whether appellant realized taxable income as a result...

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