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C. C. THOMPSON POTTERY CO. v. ROUTZAHN

No. 14014.

25 F.2d 897 (1927)

C. C. THOMPSON POTTERY CO. v. ROUTZAHN, Collector of Internal Revenue.

District Court, N. D. Ohio, E. D.

December 3, 1927.

Attorney(s) appearing for the Case

Andrews & Belden, of Cleveland, Ohio, for plaintiff.

A. E. Bernsteen, U. S. Atty., and Irene Nungesser, Asst. U. S. Atty., both of Cleveland, Ohio, and C. M. Charest, Gen. Counsel, and Henry A. Cox, Atty., of Bureau Internal Revenue, both of Washington, D. C., for defendant.

WESTENHAVER, District Judge.

This action is to recover back corporation income and profit taxes amounting to $5,860.87, exclusive of interest, assessed for the calendar year 1918, and paid under protest. Jury trial has been waived in writing. All necessary jurisdictional conditions precedent have been complied with. The controversy involves the determination by the Commissioner of Internal Revenue of plaintiff's invested capital, and the correctness of this determination...

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