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CORRUGATED BAR CO. v. GAGE

58 F.2d 360 (1931)

CORRUGATED BAR CO., Inc., v. GAGE, Collector of Internal Revenue.

District Court, W. D. New York.

December 3, 1931.

Attorney(s) appearing for the Case

Oppenheimer, Dickson, Hodgson, Brown & Donnelly, of St. Paul, Minn., and Kenefick, Cooke, Mitchell, Bass & Letchworth, of Buffalo, N. Y., for plaintiff.

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and John H. Pigg, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for defendant.

KNIGHT, District Judge.

This action is brought to recover $9,932.71, with interest, on account of a tax alleged to have been illegally collected with respect to a certain period in the year 1923. On stipulation of the parties, the case has been tried by the court without a jury.

The plaintiff is a New York corporation. In February, 1923, it formed a subsidiary corporation, known as the Corr-Service Erection Company, to do certain erection operations in connection...

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