United States Supreme Court Cases & Opinions

U.S. Supreme Court

Greenport Basin & Constr. Co. v. United States, 260 U.S. 512 (1923)

Greenport Basin & Construction Company v. United States

No. 31

Argued November 17, 1922

Decided January 2, 1923

260 U.S. 512

Syllabus

1. A judgment of the district court in an action against the United States under Jud.Code, § 24, par. 20, to recover taxes paid under protest is reviewable here by writ of error. P. 260 U. S. 514.

2. In computing the excess profits tax imposed by the Act of October 3, 1917, c. 63, 40 Stat. 300, the exaction prescribed by § 201 is to be imposed, in its successive stages, upon the entire net income, except that, from the part of the net income prescribed for the first stage, the allowances made by § 203 are to be deducted. So held where the allowances were less than 15 percent of the invested capital. P. 260 U. S. 514.

269 F. 58, affirmed.

Error to and appeal from a judgment of the district court sustaining a demurrer and dismissing the complaint in an action against the United States to recover taxes.

Page 260 U. S. 513