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ÆTNA LIFE INS. CO. v. EATON

No. 3324.

40 F.2d 965 (1930)

ÆTNA LIFE INS. CO. v. EATON, Collector of Internal Revenue.

District Court, D. Connecticut.

April 9, 1930.

Attorney(s) appearing for the Case

Harry W. Reynolds, of Hartford, Conn., and Wm. Marshall Bullitt, of Louisville, Ky. (Day, Berry & Reynolds, of Hartford, Conn., and Bruce & Bullitt, of Louisville, Ky., of counsel), for plaintiff.

John Buckley, U. S. Atty., and George H. Cohen, Asst. U. S. Atty., both of Hartford, Conn. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and E. H. Horton, Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for defendant.

BURROWS, District Judge.

This is an action at law to recover $376,340.36, assessed by the government against the plaintiff for taxes for the calendar years 1923 and 1924 on federal, state, and municipal bonds, and paid by the plaintiff to the government under the provisions of section 245(a) (2) of the Revenue Acts of 1921 and Revenue Act 1924, 26 USCA § 1004 (a) (2).

In 1927, when it was finally agreed between the parties as to the taxes to which the...

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