CHARLES LEICH & CO. v. UNITED STATES

No. 10898.

210 F.2d 901 (1954)

CHARLES LEICH & CO. v. UNITED STATES.

United States Court of Appeals Seventh Circuit.

February 26, 1954.


Attorney(s) appearing for the Case

Henry B. Walker, Jr., Robert D. Londergan, Henry B. Walker, Jr., Evansville, Ind., for plaintiff-appellant.

Hon. H. Brian Holland, Asst. Atty. Gen., Harry Marselli, Atty., U. S. Department of Justice, Washington, D. C., Jack C. Brown, U. S. Atty., Indianapolis, Ind., Ellis N. Slack, Melva M. Graney, Sp. Assts. to the Atty. Gen., for appellee.

Before MAJOR, Chief Judge, DUFFY and SWAIM, Circuit Judges.


DUFFY, Circuit Judge.

This is an action for a refund of excess profits taxes and interest paid for the fiscal year ended April 30, 1942. The facts were stipulated. The district court found the issues favorable to the government.

The questions presented for determination are: (1) whether for the purpose of computing taxpayer's invested capital under § 718, Internal Revenue Code, 26 U.S.C.A. § 718, for excess profits tax purposes for the fiscal year...

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