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LARKIN v. GAGE

28 F.2d 78 (1928)

LARKIN et al. v. GAGE, Collector of Internal Revenue.

District Court, W. D. New York.

May 21, 1928.

Attorney(s) appearing for the Case

Slee, O'Brian, Hellings & Ulsh, of Buffalo, N. Y. (John Lord O'Brian and Ralph Ulsh, both of Buffalo, N. Y., of counsel), for plaintiffs.

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y., C. M. Charest, Gen. Counsel Bureau of Internal Revenue, of Washington, D. C., and Frederick W. Dewart and Paul E. Waring, Sp. Attys. Bureau of Internal Revenue, both of Washington, D. C., for defendant.

HAZEL, District Judge.

In this action plaintiff seeks to recover from defendant, as Collector of Internal Revenue of the United States, $18,594.12, an assessment under the Income Tax Act of 1920, paid under protest, and in which plaintiff's claim for refund has been ignored. The undisputed facts disclose that plaintiff in his lifetime owned a house and lot on North street, Buffalo, N. Y., wherein he resided from 1901 to January, 1912,

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