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HELLMICH v. HELLMAN

No. 7298.

18 F.2d 239 (1927)

HELLMICH, Collector of Internal Revenue, v. HELLMAN.

Circuit Court of Appeals, Eighth Circuit.

March 18, 1927.

Attorney(s) appearing for the Case

John R. Wheeler, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (Louis H. Breuer, U. S. Atty., of Rolla, Mo., Claude M. Crooks, Asst. U. S. Atty., of St. Louis, Mo., and A. W. Gregg, General Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for plaintiff in error.

Henry H. Furth, of St. Louis, Mo., for defendant in error.

Before KENYON, Circuit Judge, and MOLYNEAUX and OTIS, District Judges.

KENYON, Circuit Judge.

Defendant in error was plaintiff in the trial court and will for convenience so be designated here. Likewise plaintiff in error will be designated as defendant.

Plaintiff brought suit to recover certain additional income taxes alleged to have been erroneously assessed and collected from him for the calendar year 1919. Defendant demurred to the petition. The trial court overruled the demurrer. Defendant electing to proceed no further...

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