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LIBERTY BAKING CO. v. HEINER

No. 5873.

34 F.2d 513 (1929)

LIBERTY BAKING CO. v. HEINER, Collector of Internal Revenue.

District Court, W. D. Pennsylvania.

May 11, 1929.

Attorney(s) appearing for the Case

James Walton, of Pittsburgh, Pa., for plaintiff.

J. D. Meyer, U. S. Atty., John A. McCann, Sp. Asst. U. S. Atty., both of Pittsburgh, Pa., and J. W. Hussey, Sp. Atty., of Washington, D. C. (C. M. Charest, Gen. Counsel, Bureau Internal Revenue, of Washington, D. C., of counsel), for defendant.

SCHOONMAKER, District Judge.

This is an action to recover additional income and profits taxes for the year 1918, alleged to have been illegally collected by the defendant from the plaintiff, as well as certain over-payments of taxes for the years 1919, 1920, and 1921, alleged to have been unlawfully applied by the Commissioner of Internal Revenue to the credit of the 1918 taxes. A jury trial was waived, and the case was heard on the pleadings and proofs.

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