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HEWES v. HEINER

No. 7.

24 F.2d 748 (1927)

HEWES v. HEINER, Collector of Internal Revenue.

District Court, W. D. Pennsylvania.

December 6, 1927.

Attorney(s) appearing for the Case

Gunnison, Fish, Gifford & Chapin, of Erie, Pa., for plaintiff.

John D. Meyer, U. S. Atty., and W. J. Aiken, Asst. U. S. Atty., both of Pittsburgh, Pa., for defendant.

THOMSON, District Judge.

The plaintiff in this suit seeks to recover from the defendant $4,733.41, with interest, being additional income taxes assessed against him for the calendar year 1918, which amount the plaintiff paid under protest; his claim for refund being filed and refused. The facts are stipulated, and from these arise the question of law.

The tax is estimated on an alleged profit realized by the plaintiff...

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