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UNITED STATES v. PHILLIPS

No. 3485.

24 F.2d 195 (1928)

UNITED STATES v. PHILLIPS.

Circuit Court of Appeals, Third Circuit.

January 24, 1928.

Attorney(s) appearing for the Case

John D. Meyer, U. S. Atty., and W. J. Aiken, Asst. U. S. Atty., both of Pittsburgh, Pa. (A. W. Gregg and Charles T. Hendler, both of Washington, D. C., of counsel), for the United States.

James Walton, of Pittsburgh, Pa. (Frank B. Ingersoll and Gordon, Smith, Buchanan & Scott, all of Pittsburgh, Pa., and Clarence A. Miller, of Washington, D. C., of counsel), for defendant in error.

John G. Buchanan, Paul G. Rodewald, George B. Gordon, and J. E. MacCloskey, Jr., all of Pittsburgh, Pa., and Harrison Tweed, George Welwood Murray, and Winthrop W. Aldrich, all of New York City, amici curiæ.

Before WOOLLEY and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

This action was instituted in the District Court under authority of paragraph 20 of section 24 of the Judicial Code (USCA title 28, § 41, p. 35) and was brought under the Revenue Act of 1917 (40 Stat. 300) to recover additional income taxes which the plaintiff alleged had been unlawfully assessed against him and unlawfully collected by a former collector of internal revenue.

After the plaintiff had made his income tax return for...

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