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WHITE v. HOOD RUBBER CO.

No. 2338.

33 F.2d 739 (1929)

WHITE, Collector of Internal Revenue, v. HOOD RUBBER CO.

Circuit Court of Appeals, First Circuit.

June 25, 1929.

Attorney(s) appearing for the Case

Wright Matthews, Sp. Atty., Bureau of Internal Revenue, and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, both of Washington, D. C. (Frederick H. Tarr, U. S. Atty., and J. Duke Smith, Sp. U. S. Atty., both of Boston, Mass., on the brief), for appellant.

Harold C. Haskell, of Watertown, Mass. (Charles C. Gammons, of Boston, Mass., on the brief), for appellee.

Before BINGHAM, Circuit Judge, and MORRIS and BREWSTER, District Judges.

BINGHAM, Circuit Judge.

This is a suit brought by the Hood Rubber Company, appellee, in the federal District Court for Massachusetts, to recover $39,043.99, the amount of an additional income and excess profits tax for the year 1918, which was collected by distraint on December 15, 1926. By stipulation in writing the case was tried before the court without a jury.

The plaintiff, appellee, on March 14, 1919, filed its income and excess profits tax return for...

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