SHIPLEY SCHOOL v. McCAUGHN

No. 4026.

34 F.2d 281 (1929)

SHIPLEY SCHOOL v. McCAUGHN, Collector.

Circuit Court of Appeals, Third Circuit.

August 16, 1929.


Attorney(s) appearing for the Case

Pierce Archer, Jr., of Philadelphia, Pa., for appellant.

George W. Coles, U. S. Atty., and Mark Thatcher, Asst. U. S. Atty., both of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

The Shipley School, a corporation of Pennsylvania, paid under protest $2,586.66 of income and excess profit tax, which it was alleged was wrongfully assessed, and which it sought to recover in this action against the collector of internal revenue. By stipulation the case was tried by a judge, who heard the proofs and entered judgment for the collector. On appeal to this court, the question involved is whether the Shipley School comes within...

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