AMERICAN CAN CO. v. UNITED STATES

Nos. 1771-1773.

20 F.2d 970 (1927)

AMERICAN CAN CO. v. UNITED STATES. MISSOURI CAN CO. v. SAME. DETROIT CAN CO. v. SAME.

District Court, D. New Jersey.

May 31, 1927.


Attorney(s) appearing for the Case

Graham Sumner, of New York City, and John J. Treacy, of Jersey City, N. J., for plaintiffs.

Walter G. Winne, U. S. Atty., of Hackensack, N. J., and Charles T. Hendler, Sp. Atty., Internal Revenue, of Washington, D. C., for the United States.


BODINE, District Judge.

These suits are brought to recover income taxes claimed to be improperly levied and assessed under the Revenue Act of 1917 (40 Stat. 300). It is conceded that the court has jurisdiction, and that the action may be maintained under section 281 (a) and section 1014 of the Revenue Act of 1924 (Comp. St. §§ 6336 1/6zz[8], 5949).

The Revenue Act of 1917 provides that taxes shall be levied upon the income of the taxpayer, determined...

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