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GOTHAM CAN CO. v. UNITED STATES

No. J-255.

37 F.2d 793 (1930)

GOTHAM CAN CO. v. UNITED STATES.

Court of Claims.

January 20, 1930.

Attorney(s) appearing for the Case

Theodore R. Benson, of Washington, D. C. (Joseph R. Little, of Washington, D. C., on the brief), for plaintiff.

George H. Foster, of Washington, D. C., and Herman J. Galloway, Asst. Atty. Gen., for the United States.

Before BOOTH, Chief Justice, and GREEN and GRAHAM, Judges.

GREEN, J.

This suit is brought to recover taxes alleged to have been illegally collected from the plaintiff. It appears without dispute that in April, 1919, the plaintiff made a return of its corporation income and profits tax for the year 1918 and paid taxes in accordance therewith. In September, 1922, the Commissioner of Internal Revenue assessed an additional tax against plaintiff for the year 1918 in the amount of $43,467.92, and on October 17, 1922, demanded...

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