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LEHIGH & WILKES BARRE COAL CO. v. UNITED STATES

No. 2204.

38 F.2d 637 (1930)

LEHIGH & WILKES BARRE COAL CO. v. UNITED STATES.

District Court, M. D. Pennsylvania.

March 3, 1930.

Attorney(s) appearing for the Case

Hause, Evans & Baker, of Harrisburg, Pa., and White & Case, of New York City (Hines, Rearick, Dorr, Travis & Marshall, of New York City, of counsel), for petitioner.

Andrew B. Dunsmore, U. S. Atty., of Wellsboro, Pa., and A. A. Vosburg, Asst. U. S. Atty., of Scranton, Pa. (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Wright Matthews, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for defendant.

JOHNSON, District Judge.

This is an action to recover federal income and profits tax paid by the petitioner for the year 1919. The original petition, filed December 13, 1928, was amended and the amended petition was filed March 15, 1929, with the consent of counsel for the defendant. On May 27, 1929, an affidavit of defense was filed raising questions of law.

The petitioner, a Pennsylvania corporation, and its subsidiaries, Lehigh & Luzerne Coal Company...

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