The respondent determined a deficiency of $1,742.01 in the petitioner's income tax and $585.22 in its excess profits tax for the year 1939. The petitioner alleges an overpayment of $1,041.64 in its tax for that year.
The single issue is the taxability of amounts paid in 1930, under protest, for documentary stamp taxes and recovered by suit in 1939. The controversy arises from the fact that the petitioner filed a consolidated return, with affiliated corporations, which...
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