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CHESS & WYMOND CO. v. LUCAS

No. 1019.

33 F.2d 793 (1929)

CHESS & WYMOND CO. v. LUCAS, Collector of Internal Revenue.

District Court, W. D. Kentucky, at Louisville.

January 25, 1929.

Attorney(s) appearing for the Case

Carroll & McElwain, of Louisville, Ky., for plaintiff.

T. J. Sparks, U. S. Atty., of Greenville, Ky., Claude Hudgins, Asst. U. S. Atty., of Louisville, Ky., C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Henry A. Cox, Sp. Atty. Bureau of Internal Revenue, both of Washington, D. C., for defendant.

DAWSON, District Judge.

This is a suit by the plaintiff, a Kentucky corporation, to recover of the defendant, as collector of internal revenue for the collection district of Kentucky, income and profit taxes alleged to have been wrongfully exacted of the plaintiff for the fiscal year ended November 30, 1922. The cause is submitted on the demurrer of the defendant to the plaintiff's petition.

From the petition it appears that prior to the calendar year 1921...

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