WUNDERLE v. McCAUGHN

No. 13938.

38 F.2d 258 (1929)

WUNDERLE v. McCAUGHN, Formerly Collector of Internal Revenue.

District Court, E. D. Pennsylvania.

June 5, 1929.


Attorney(s) appearing for the Case

Robert J. Sterrett, of Philadelphia, Pa., for plaintiff.

George W. Coles, U. S. Atty., of Philadelphia, Pa., for defendant.


KIRKPATRICK, District Judge.

The plaintiff has brought this suit to recover $3,096.61, being a portion of an additional income tax assessed for the year 1918 and paid under protest. The additional assessment was based upon the rejection by the Commissioner of a deduction claimed, in the amount of $4,553.82 by the taxpayer. An affidavit of defense in the nature of a demurrer admits the facts set forth in the statement which, summarized, are as follows:

The...

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