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MILTON DAIRY CO. v. WILLCUTS

No. 1477.

8 F.2d 178 (1925)

MILTON DAIRY CO. v. WILLCUTS, Collector of Internal Revenue.

District Court, D. Minnesota, Third Division.

July 31, 1925.

Attorney(s) appearing for the Case

Ira C. Oehler, of St. Paul, Minn., for Milton Dairy Co.

Lafayette French, Jr., U. S. Atty., of St. Paul, Minn., and T. Ellis Allison, of Washington, D. C., Sp. Atty., Bureau of Internal Revenue, for defendant.

MOLYNEAUX, District Judge.

The facts in this case may be stated as follows: In the computation by the taxpayer of its income and excess profits tax for the fiscal year ended February 28, 1918, and the fiscal year ended February 28, 1920, it adopted an invested capital; that upon an audit of the return of the taxpayer the government refused to accept the invested capital set up, but reduced the invested capital of the corporation for the fiscal year 1919 by the sum...

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