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ARIZONA COMMERCIAL MINING CO. v. CASEY

No. 2239.

32 F.2d 288 (1929)

ARIZONA COMMERCIAL MINING CO. v. CASEY, Collector of Internal Revenue.

District Court, D. Massachusetts.

April 9, 1929.

Attorney(s) appearing for the Case

At Law. Action by the Arizona Commercial Mining Company against Andrew J. Casey, Collector of Internal Revenue. Judgment for plaintiff.

Dunbar, Nutter & McClennen and Edward F. McClennen, all of Boston, Mass., for plaintiff.

Frederick H. Tarr, U. S. Atty., and J. Duke Smith, Asst. U. S. Atty., both of Boston, Mass., for defendant.

BREWSTER, District Judge.

This is an action brought to recover income and excess profits taxes assessed for the year 1917. The plaintiff duly returned and paid on its 1917 income an income tax of $20,575.24 and an excess profits tax of $1,880.90, or a total of $22,456.14. Early in 1920 the Commissioner of Internal Revenue assessed an additional excess profits tax of $36,044.30 which, on March 2, 1920, the plaintiff paid under protest to avoid penalties.

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