Levi Strauss Realty Co. v. United States, 6016.
| Decision Date | 20 June 1930 |
| Docket Number | No. 6016.,6016. |
| Citation | 41 F.2d 55 |
| Parties | LEVI STRAUSS REALTY CO. v. UNITED STATES. |
| Court | U.S. Court of Appeals — Ninth Circuit |
John C. Altman and Richard S. Goldman, both of San Francisco, Cal., for appellant.
George J. Hatfield, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal.
Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.
March 15, 1922, Levi Strauss Realty Company, a corporation, filed with the collector of internal revenue at San Francisco its income and profits tax return for the calendar year 1921, reporting a net income subject to tax in the sum of $48,259.93, upon which there was assessed a tax of $4,825.99. The Commissioner of Internal Revenue reviewed and audited the return and found and determined that the net income of the taxpayer for the year in question was the sum of $48,259.93, as reported. The tax thus assessed was paid in installments during the year 1922.
March 15, 1922, Levi Strauss & Company, a corporation, filed with the collector of internal revenue at San Francisco its income and profits tax return for the calendar year 1921, reporting a net loss in the sum of $104,650.27. The Commissioner of Internal Revenue reviewed and audited this return and found and determined that the loss sustained by the taxpayer was the sum of $323,836.54, instead of $104,650.27 as claimed.
March 10, 1923, the last-named corporation filed with the collector of internal revenue its income tax return for the calendar year 1922. By this return a tax was reported in the sum of $26,266.27, which was duly assessed. When the return was filed, the taxpayer claimed as a deduction the net loss sustained during the calendar year 1921, in the sum of $104,650.27. Upon a review and audit of the return, the Commissioner of Internal Revenue found and determined that the correct tax liability of the taxpayer for the year 1922 was the sum of $1,915.87. In this determination the Commissioner allowed and deducted the total net loss for the year 1921, as determined by him in the previous year, instead of the sum of $104,650.27, as claimed by the taxpayer. A refund was thereupon ordered in the sum of $24,350.40 and this refund was paid to the taxpayer, or applied by it on taxes due for other years. The present action was brought by the first named corporation against the United States to recover the tax paid during the year 1922 for the calendar year 1921, upon the ground...
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...940 (3d Cir. 1935); Baltimore and O. R. Co. v. Commissioner of Internal Revenue, 78 F.2d 456 (4th Cir. 1935); Levi Strauss Realty Co. v. United States, 41 F.2d 55 (9th Cir. 1930). The Court in Ilfeld Co., supra, 292 U.S. at 68, 54 S.Ct. at 598, The allowance claimed would permit petitioner ......
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Commissioner of Internal Revenue v. Saltonstall, 3671.
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