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PEERLESS WOOLEN MILLS v. ROSE

No. 485.

24 F.2d 576 (1928)

PEERLESS WOOLEN MILLS v. ROSE, Collector of Internal Revenue.

District Court, N. D. Georgia.

January 12, 1928.

Attorney(s) appearing for the Case

Alston, Alston, Foster & Moise, of Atlanta, Ga., J. R. Sherrod, of Washington, D. C., and A. W. Taber, of Chattanooga, Tenn., for plaintiff.

C. P. Goree, Asst. U. S. Atty., of Atlanta, Ga., and William E. Davis, of Washington, D. C., for defendant.

SIBLEY, District Judge.

The main question is the power of the court to interfere with the collection of the tax. Congress, having full control of the jurisdiction and powers of the District Court, has, by Revised Statutes, § 3224 (26 USCA § 154; Comp. St. § 5947), forbidden it to interfere in the collection of any taxes. The contention that the present taxes are barred by the statute of limitations and therefore to be enjoined as a whole I cannot sustain...

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