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BERMITE POWDER CO. v. FRANCHISE TAX BD.

Docket No. L.A. 21446.

38 Cal.2d 700 (1952)

242 P.2d 9

BERMITE POWDER COMPANY (a Corporation), Respondent, v. FRANCHISE TAX BOARD, Appellant.

Supreme Court of California. In Bank.

March 28, 1952.

Attorney(s) appearing for the Case

Fred N. Howser and Edmund G. Brown, Attorneys General, James E. Sabine and Irving H. Perluss, Deputy Attorneys General, for Appellant.

Arthur A. Armstrong for Respondent.

EDMONDS, J.

Bermite Powder Company sued to recover interest upon the amount of a tax claim which was allowed. The appeal of the Franchise Tax Board is from a judgment in favor of the taxpayer.

As stated in the stipulation of facts, Bermite paid to the state taxes based upon its income for the years 1943 and 1944. After the renegotiation of its contract with the federal government, Bermite refunded about two-thirds of the amount which it had received during...

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