ROSE v. DOBBS

No. 5476.

36 F.2d 464 (1929)

ROSE, Collector of Internal Revenue, v. DOBBS.

Circuit Court of Appeals, Fifth Circuit.

December 13, 1929.


Attorney(s) appearing for the Case

C. P. Goree, Asst. U. S. Atty., of Atlanta, Ga., C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Henry A. Cox and Thos. H. Lewis, Jr., Sp. Attys., Bureau of Internal Revenue, all of Washington, D. C. (Clint W. Hager, U. S. Atty., of Atlanta, Ga., on the brief), for appellant.

Harold Hirsch, of Atlanta, Ga., and John E. McClure, of Washington, D. C., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

This was a suit by appellee to recover an assessment which he paid under protest to appellant as collector of internal revenue on income and excess profit taxes for the calendar year 1917. The district judge before whom the case was tried, upon a written stipulation waiving a jury, made the following special findings of fact which are admitted to be correct: In 1917, and during several years prior thereto, appellee was the owner of 23 out of...

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