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PENNSYLVANIA CHOCOLATE CO. v. LEWELLYN

No. 3276.

27 F.2d 762 (1928)

PENNSYLVANIA CHOCOLATE CO. v. LEWELLYN, Former Collector of Internal Revenue.

District Court, W. D. Pennsylvania.

June 20, 1928.

Attorney(s) appearing for the Case

Smith, Shaw & McClay, of Pittsburgh, Pa., for plaintiff.

John D. Meyer, U. S. Atty., of Pittsburgh, Pa., and John A. McCann, Sp. Atty., C. M. Charest, Gen. Counsel, and E. E. Angevine, Atty., Bureau of Internal Revenue, all of Washington, D. C., for defendant.

THOMSON, District Judge.

This action is brought to recover the sum of $71,916.75, with interest, being income and excess profits taxes under protest by the plaintiff for the fiscal year ending January 31, 1919. A claim for refund having been refused, this action was brought to recover the amount so paid.

The issue arises on an affidavit of defense raising questions of law, the facts of the case being in no way disputed. The plaintiff, a Pennsylvania corporation...

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