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MILTON DAIRY CO. v. WILLCUTS

No. 7235.

15 F.2d 814 (1926)

MILTON DAIRY CO. v. WILLCUTS, Collector of Internal Revenue.

Circuit Court of Appeals, Eighth Circuit.

September 25, 1926.

Attorney(s) appearing for the Case

Ira C. Oehler, of St. Paul, Minn. (Haydn S. Cole and Frederic D. McCarthy, both of St. Paul, Minn., on the brief), for plaintiff in error.

John R. Wheeler, Sp. Atty., Internal Revenue Bureau, 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, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for defendant in error.

Before SANBORN, Circuit Judge, and WOODROUGH and SCOTT, District Judges.

SANBORN, Circuit Judge.

The plaintiff, the Milton Dairy Company, was liable to pay and paid income and excess profits taxes for the fiscal year ending February 28, 1919, and also for the fiscal year ending February 28, 1920, which it claimed were excessive to the amount of $1,804.19, and it seeks by this action to recover this amount from the defendant, the collector.

Pursuant to the established methods of ascertaining the amount of its income and excess profits...

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