CROSSETT LUMBER CO. v. UNITED STATES

No. 10713.

87 F.2d 930 (1937)

CROSSETT LUMBER CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

February 8, 1937.


Attorney(s) appearing for the Case

J. E. Gaughan, of Camden, Ark. (Gaughan, Sifford, Godwin & Gaughan, of Camden, Ark., on the brief), for appellants.

Lester L. Gibson, Sp. Asst. to Atty. Gen. (Robert H. Jackson, Asst. Atty. Gen., Sewall Key and J. Louis Monarch, Sp. Assts. to Atty. Gen., and Clinton R. Barry, U. S. Atty., and John E. Harris, Asst. U. S. Atty, both of Fort Smith, Ark, on the brief), for the United States.

Before GARDNER, THOMAS, and FARIS, Circuit Judges.


THOMAS, Circuit Judge.

This suit was brought in the court below by the taxpayer appellant as plaintiff to recover $6,548.42 as an overassessment of income tax for the fiscal year ending November 20, 1927. The action was tried to the court without a jury upon a stipulation of facts. From a judgment in favor of the appellee the plaintiff appeals.

The court adopted the facts as stipulated as its findings. From such findings it appears that the Commissioner of...

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