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MEYERS v. ALLEN

No. 8432.

34 F.2d 883 (1929)

MEYERS v. ALLEN, Internal Revenue Collector.

Circuit Court of Appeals, Eighth Circuit.

September 11, 1929.

Attorney(s) appearing for the Case

John A. McKenzie, of Omaha, Neb., for appellant.

Ralph E. Smith, Sp. Atty., Bureau of Internal Revenue, of Washington D. C. (James C. Kinsler, U. S. Atty., and Ambrose C. Epperson, Asst. U. S. Atty., both of Omaha, Neb., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Elden McFarland, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., on the brief), for appellee.

Before BOOTH, Circuit Judge, and SANBORN and DEWEY, District Judges.

DEWEY, District Judge.

This action was instituted against the collector of internal revenue to recover $11,833.99 alleged to have been unlawfully collected from appellant and paid by him under protest, as additional income tax by reason of certain earnings of the firm of Meyers & Bachelor for the year 1919.

In the years 1917 and 1918 the appellant, plaintiff below, was in the business of feeding and raising cattle with one John H. Bachelor under the firm...

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