ATKINS v. BENDER

No. 1618.

26 F.2d 690 (1928)

ATKINS v. BENDER, Collector of Internal Revenue.

District Court, W. D. Louisiana, Shreveport Division.

On Rehearing, June 6, 1928.


Attorney(s) appearing for the Case

Wilkinson, Lewis & Wilkinson, of Shreveport, La., for plaintiff.

Philip H. Mecom, U. S. Atty., of Shreveport, La.


DAWKINS, District Judge.

This is an action at law to recover from the government the sum of $104,306.59, paid under protest as income and profit taxes for the year 1919. The claim is based, first, upon the contention that the right to collect the taxes, if it ever existed, had been lost by the running of limitations before proceedings were instituted for that purpose; and, secondly, upon the proposition that petitioner did not owe the taxes. The jury has been waived...

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