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AUSTIN CO. v. COMMISSIONER OF INTERNAL REVENUE

No. 5206.

35 F.2d 910 (1929)

AUSTIN CO. v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Sixth Circuit.

November 15, 1929.

Attorney(s) appearing for the Case

C. M. Horn, of Cleveland, Ohio (W. B. Stewart, of Cleveland, Ohio, on the brief), for appellant.

Shelby S. Faulkner, Sp. Atty., Board of Internal Revenue, of Washington, D. C. (Mabel Walker Willebrandt, Asst. Atty. Gen., and J. Louis Monarch and John G. Remey, Sp. Assts. to Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., on the brief), for appellee.

Before MOORMAN and HICKENLOOPER, Circuit Judges, and JONES, District Judge.

MOORMAN, Circuit Judge.

In April, 1918, the petitioner made its income tax return for the year 1917, showing an income and excess profit tax amounting to $367,430.78. Thereafter, upon examination by the commissioner, an additional tax was assessed against the petitioner, making the total of such taxes for the year $558,009.78. This tax was duly paid. In June of 1923, the petitioner filed with the commissioner its application for a determination of its income and profit...

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