INGRAM-DAY LUMBER CO. v. DONALD

No. 4392.

4 F.2d 537 (1925)

INGRAM-DAY LUMBER CO. v. DONALD, Internal Revenue Collector.

Circuit Court of Appeals, Fifth Circuit.

February 10, 1925.


Attorney(s) appearing for the Case

W. A. White, of Gulfport, Miss. (White & Ford, of Gulfport, Miss., on the brief), for plaintiff in error.

E. E. Hindman, U. S. Atty., of Jackson, Miss. (Chalmers Potter and Niles Moseley, both of Jackson, Miss., on the brief), for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.


WALKER, Circuit Judge.

This was an action by the plaintiff in error to recover the stated amount of a tax levied and paid under protest; the declaration showing that plaintiff duly made claim for the abatement of such tax, also for a refund thereof after it was paid under protest to prevent a distraint of its property, and made an appeal to the Commissioner of Internal Revenue for a refund, and that such claims and appeal were denied. The declaration contained allegations...

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