RED WING MALTING CO. v. WILLCUTS

No. 7242.

15 F.2d 626 (1926)

RED WING MALTING CO. v. WILLCUTS, Collector of Internal Revenue.

Circuit Court of Appeals, Eighth Circuit.

November 5, 1926.


Attorney(s) appearing for the Case

William H. Oppenheimer, of St. Paul, Minn. (Frederick N. Dickson, Frank C. Hodgson, Montreville J. Brown, and Stan D. Donnelly, all of St. Paul, Minn., on the brief), for plaintiff in error.

Floyd F. Toomey, Sp. Atty. Bureau of Internal Revenue, of Washington, D. C. (Lafayette French, Jr., U. S. Atty., and L. W. Scott, Asst. U. S. Atty., both of St. Paul, Minn., and A. W. Gregg, Solicitor of Internal Revenue, of Washington, D. C., on the brief), for defendant in error.

Before KENYON and VAN VALKENBURGH, Circuit Judges, and John B. SANBORN, District Judge.


KENYON, Circuit Judge.

This is an action brought by the Red Wing Malting Company, a corporation, plaintiff in error (designated for convenience as plaintiff), against Levi M. Willcuts, collector of internal revenue for the district of Minnesota, defendant in error (designated for convenience as defendant), for the recovery of $29,893.44, income and profits taxes alleged to have been erroneously assessed for the fiscal year ending August 31, 1918, and which were paid...

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