HUNTLEY v. GILE

No. 5626.

32 F.2d 857 (1929)

HUNTLEY, Collector of Internal Revenue, v. GILE et al.

Circuit Court of Appeals, Ninth Circuit.

May 27, 1929.


Attorney(s) appearing for the Case

George Neuner, U. S. Atty., and Forrest E. Littlefield, Asst. U. S. Atty., both of Portland, Or., and C. M. Charest, Gen. Counsel, and George G. Witter and H. A. Cox, Sp. Attys., Bureau of Internal Revenue, all of Washington, D. C., for appellant.

Charles E. McCulloch, of Portland, Or., Wm. H. Trindle, of Salem, Or., and Ivan F. Phipps and Carey & Kerr, all of Portland, Or., for appellees.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


DIETRICH, Circuit Judge.

The appellees, plaintiffs below, brought this suit to recover $18,696.97 which they allege the appellant, collector, illegally compelled them to pay on account of income and excess profits tax for the fiscal year ending August 31, 1917. Their return was filed March 30, 1918, and the additional tax here in question was assessed in December, 1922. On March 23, 1923, they filed with the defendant a claim for the abatement of the assessment, which...

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