PHILIP CAREY MFG. CO. v. DEAN

No. 4191.

43 F.2d 369 (1930)

PHILIP CAREY MFG. CO. v. DEAN.

District Court, S. D. Ohio, W. D.

July 22, 1930.


Attorney(s) appearing for the Case

Edward J. Brunenkant, of Cleveland, Ohio, for plaintiff.

H. E. Mau, U. S. Dist. Atty., and Frank Hier, Asst. U. S. Dist. Atty., both of Cincinnati, Ohio, and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Ottamar Hamele and Isadore Graff, Sp. Attys., Bureau of Internal Revenue, all of Washington, D. C., for defendant.


NEVIN, District Judge.

This is an action at law brought by the plaintiff company against the collector of internal revenue, for the refund of certain income and profits taxes paid for the taxable years 1918, 1919, and 1920.

On December 20, 1924, a document entitled "Income and Profits Tax Waiver" was signed by the Commissioner of Internal Revenue and by the plaintiff company, by its secretary. To this document was affixed the corporate seal of the plaintiff...

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