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NEWMAN, SAUNDERS & CO. v. UNITED STATES

No. J-194.

36 F.2d 1009 (1929)

NEWMAN, SAUNDERS & CO., Inc., v. UNITED STATES.

Court of Claims.

December 23, 1929.

Attorney(s) appearing for the Case

McLaughlin, Knollenberg, Royce & Leisure, of New York City (Bernard Knollenberg, of New York City, of counsel), for plaintiff.

R. C. Williamson, of Washington, D. C., for the United States.

Before BOOTH, Chief Justice, and GRAHAM and GREEN, Judges.

GREEN, Judge.

The plaintiff in this case seeks to recover $13,846.54, being the amount of income tax collected from it in the year 1928, under section 204 (a) (8) of the Revenue Act of 1924 (26 USCA § 935 (a) (8). The issue in the case is whether this provision of the Revenue Act is constitutional.

The facts in the case are not in dispute. It appears that plaintiff was incorporated on July 1, 1922, and thereafter...

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