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MAX KAUFMAN & CO. v. BOWERS

11 F.2d 662 (1926)

MAX KAUFMAN & CO., Inc., v. BOWERS, Collector of Internal Revenue.

District Court, S. D. New York.

February 25, 1926.

Attorney(s) appearing for the Case

O'Brien, Malevinsky & Driscoll, of New York City (Joseph Walker Magrauth, of New York City, of counsel), for plaintiff.

Emory R. Buckner, U. S. Atty., of New York City (Frederic C. Bellinger and Samuel C. Coleman, Asst. U. S. Attys., both of New York City, of counsel), for defendant.

WINSLOW, District Judge.

This is a motion made by the plaintiff for judgment on the pleadings. The action is brought to recover the sum of $15,176.15 paid under protest by the plaintiff as additional tax alleged to have been wrongfully assessed as income and profits taxes for the calendar year 1918 against the plaintiff and its affiliated corporation, "Hallukk Texstyle Corporation."

The question at issue is: What was the proper "invested capital" of the plaintiff...

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