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GOODCELL v. GRAHAM

No. 5833.

35 F.2d 586 (1929)

GOODCELL v. GRAHAM et al.

Circuit Court of Appeals, Ninth Circuit.

November 4, 1929.

Attorney(s) appearing for the Case

Samuel W. McNabb, U. S. Atty., Ignatius F. Parker, and Emmett E. Doherty, Asst. U. S. Atty., all of Los Angeles, Cal., C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., and Alva C. Baird, Sp. Atty., Bureau of Internal Revenue, of Los Angeles, Cal., for appellant.

Dan J. Chapin, of Los Angeles, Cal., for appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

The question involved in this case is the proper interpretation of the word "stay" used in section 611 of the Revenue Act adopted by Congress in 1928 (45 Stat. 875, 26 USCA § 2611). The appellees brought an action to recover $9,039.40 taxes they paid under duress to the appellant as Internal Revenue Commissioner on December 3, 1924, for the year 1917, after the five-year period of limitation had run. 26 USCA § 2607, 45 Stat. 874. The...

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