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TUCKER v. ALEXANDER

No. 7124.

15 F.2d 356 (1926)

TUCKER v. ALEXANDER, Collector of Internal Revenue.

Circuit Court of Appeals, Eighth Circuit.

October 27, 1926.

Attorney(s) appearing for the Case

Charles H. Garnett, of Oklahoma City, Okl., for plaintiff in error.

Frederick W. Dewart, Sp. Atty. Bureau of Internal Revenue, of Washington, D. C. (Roy St. Louis, U. S. Atty., and William P. Kelley, Asst. U. S. Atty., both of Oklahoma City, Okl., and A. W. Gregg, Solicitor of Internal Revenue, of Washington, D. C., on the brief), for defendant in error.

Before STONE, VAN VALKENBURGH, and BOOTH, Circuit Judges.

STONE, Circuit Judge.

This is an action for refund of a portion of a tax, paid under protest, on the income of plaintiff in error (plaintiff below) for the year 1920. Plaintiff made a tax return for that year and paid upon the basis thereof. An investigation by an agent of the department, thereafter, resulted in an additional assessment, which was paid under protest. In due time after this last payment, plaintiff filed his claim for refund. After waiting 17 months...

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