HIND v. CLARK


34 F.2d 583 (1929)

HIND v. CLARK, Collector of Internal Revenue.

District Court, N. D. New York.

June 28, 1929.


Attorney(s) appearing for the Case

Dunmore, Ferris & Dewey, of Utica, N. Y., for plaintiff.

Oliver D. Burden, of Syracuse, N. Y. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Ottamar Hamele, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., and B. Fitch Tompkins, Asst. U. S. Atty., of Syracuse, N. Y., of counsel), for defendant.


BRYANT, District Judge.

This is a suit for recovery of $64,557.88 paid as additional income tax for the year 1917, which tax plaintiff claims was illegally exacted. There is not any dispute of fact in the case, and but a single question of law, and that is: Does the 1916 or the 1917 taxing rate apply to certain dividends declared in 1916 by the Hind & Harrison Plush Company, and paid to and received by plaintiff in 1917?

The Hind & Harrison Plush Company...

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