MUTUAL LUMBER CO. v. POE

No. 6143.

44 F.2d 922 (1930)

MUTUAL LUMBER CO. v. POE, Collector of Internal Revenue.

Circuit Court of Appeals, Ninth Circuit.

November 10, 1930.


Attorney(s) appearing for the Case

Charles E. McCulloch, Ivan F. Phipps, and Carey, Hart, Spencer & McCulloch, all of Portland, Or., for appellant.

Anthony Savage, U. S. Atty., of Seattle, Wash., John T. McCutcheon, Asst. U. S. Atty., of Tacoma, Wash. (C. M. Charest, Gen. Counsel, and John R. Wheeler, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for appellee.

Before DIETRICH and WILBUR, Circuit Judges, and WEBSTER, District Judge.


WILBUR, Circuit Judge.

This action was brought by the appellant to recover $30,770.37 deficiency income taxes paid by it to the government on April 26, 1927, for the years 1920 and 1921. The sole question presented by the record, as stated by the appellant, is whether or not the statutory period of limitation for the assessment of such taxes had expired at the time assessment was made, on March 5, 1927. The time for the assessment of the deficiency would have expired...

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