PER CURIAM.
The question presented by this appeal is whether the electrical expense deductions taken by taxpayer in 1965, 1966 and 1967 for subsequently determined excessive billings were proper. If they were, under the tax benefit rule, the subsequent refund thereof in 1967 produced taxable income in that year.
During the relevant period, taxpayer was engaged in the business of strip-mining coal in southwestern Illinois. In late 1964, it put into service...
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