UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA
January 22, 1960
PHILADELPHIA MACARONI CO.
UNITED STATES of America
The opinion of the court was delivered by: WATSON
This is an action for refund of Federal Excess Profits Tax for the calendar year 1945. The case was submitted to the Court on a stipulation of facts which the Court will adopt. The stipulation which is a part of the record in this action contains various exhibits which the parties have agreed are factual. However, since the exhibits are evidentiary in nature, copies of them will not be included in this opinion even though the Court has retained in the Findings of Fact references to such exhibits.
Findings of Fact
1. This is an action of a civil nature that arises under the laws of the United States, particularly section 1346(a)(1), United States Code, Title 28, and the internal revenue laws of the United States.
2. Plaintiff is a Pennsylvania corporation with its principal office at 11th and Catherine Streets, Philadelphia, Pennsylvania.
3. (a). On or about March 15, 1946, plaintiff filed its Federal income tax return for the calendar year 1945 on Treasury Department form 1120 with the Collector of Internal Revenue for the First District of Pennsylvania, at Philadelphia. That return disclosed an adjusted net income of $ 35,298.36, from which there was deducted (pursuant to the provisions of Section 26(e) of the Internal Revenue Code of 1939, Revenue Act 1942, § 105(d) as amended Act 1943, § 202(c), 26 U.S.C.A. Int.Rev.Act) the sum of $ 13,821.42, representing the adjusted excess profits net income, which left a balance of $ 21,476.94 as plaintiff's normal-tax net income, and disclosed an income-tax liability of $ 5,728.31 which the plaintiff paid in two installments in the amounts and on the dates shown below, to wit:
Installment Date Paid
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