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ROUTZAHN v. TYROLER

No. 5353.

36 F.2d 208 (1929)

ROUTZAHN v. TYROLER et al.

Circuit Court of Appeals, Sixth Circuit.

November 13, 1929.

Attorney(s) appearing for the Case

C. T. Hendler, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C. (Wilfred J. Mahon, U. S. Atty., and Irene Nungesser, Asst. U. S. Atty., both of Cleveland, Ohio, and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for appellant.

M. S. Farmer, Jr., of Cleveland, Ohio, and L. F. Cooper, of Washington, D. C. (R. E. Glessner, of Washington, D. C., on the brief), for appellees.

Before DENISON, MACK, and MOORMAN, Circuit Judges.

DENISON, Circuit Judge.

The corporation, in 1920, made its return of income tax for 1919, and paid the tax indicated. In 1925 it retired its preferred stock by paying it off at par. In November, 1925, the Commissioner assessed against the corporation a deficiency tax for 1919. In February, 1927, the Commissioner notified the preferred stockholders that he proposed to assess against them the amount of this deficiency, making such assessments against them as "transferees...

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