DURKEE v. WELCH

No. 2928-M.

49 F.2d 339 (1931)

DURKEE v. WELCH, Collector of Internal Revenue.

District Court, S. D. California, S. D.

March 25, 1931.


Attorney(s) appearing for the Case

A. L. Weil, of San Francisco, Cal., for plaintiff.

Samuel W. McNabb, U. S. Atty., and Ignatius F. Parker, Asst. U. S. Atty., both of Los Angeles, Cal., and Alva C. Baird, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., for defendant.


McCORMICK, District Judge.

Plaintiff sues defendant collector to recover $4,097.25, that was paid under protest as and for income taxes for the year 1925. Plaintiff filed a claim for refund which has been disallowed by the defendant collector. The pertinent facts may be epitomized as follows: On December 15, 1922, the General Petroleum Company, a corporation, by whom the plaintiff was employed at that time, authorized plaintiff to subscribe for 1,000 shares of its...

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