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GRAY MOTOR CO. v. UNITED STATES

No. 4816.

16 F.2d 367 (1927)

GRAY MOTOR CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

January 3, 1927.

Attorney(s) appearing for the Case

W. J. Rutledge, Jr., of Dallas, Tex., for plaintiffs in error.

Henry Zweifel, U. S. Atty., and N. A. Dodge, Asst. U. S. Atty., both of Fort Worth, Tex. (Alexander W. Gregg, Gen. Counsel Bureau of Internal Revenue, and C. C. McCormick, Atty. Bureau of Internal Revenue, both of Washington, D. C., on the brief), for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

This case comes up on an agreed statement of facts. Those material to a decision are as follows:

The Gray Motor Company, a Texas corporation, hereafter referred to as the company, was in the automobile business in Dallas. Its fiscal year ended February 29th. On May 29, 1920, it filed its income and property tax return, showing that it was indebted to the United States in the sum of $2,256.57. At the same time a payment of $564.15 was...

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