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CLAPP v. HEINER

No. 5653.

34 F.2d 506 (1929)

CLAPP v. HEINER, Collector of Internal Revenue.

District Court, W. D. of Pennsylvania.

May 29, 1929.

Attorney(s) appearing for the Case

S. Leo Ruslander, of Pittsburgh, Pa., for plaintiff.

J. D. Meyer, U. S. Atty., and John A. McCann, Asst. U. S. Atty., both of Pittsburgh, Pa., for defendant.

SCHOONMAKER, District Judge.

This is an action to recover taxes for the years 1924 and 1925, alleged to have been erroneously assessed and collected. A jury trial was waived, and the case was heard on statement of claim and affidavit of defense. There were no disputed facts. The essential facts necessary to pass on the questions at issue may be stated as follows:

On March 12, 1917, the plaintiff, by three separate...

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