JOHNSTON v. McLAUGHLIN

No. 6586.

55 F.2d 1068 (1932)

JOHNSTON v. McLAUGHLIN, Collector of Internal Revenue.

Circuit Court of Appeals, Ninth Circuit.

February 8, 1932.


Attorney(s) appearing for the Case

C. H. Sooy and Neil E. Larkin, both of San Francisco, Cal., Fitzgerald, Abbott & Beardsley, of Oakland, Cal., and Brobeck, Phleger & Harrison and Milton Newmark, all of San Francisco, Cal., for appellant.

Geo. J. Hatfield, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and McCORMICK, District Judge.


WILBUR, Circuit Judge.

This is an action to recover taxes paid by the Du Pont Milling & Sales Corporation upon its income for the year 1927, brought by its trustee in bankruptcy. The District Court rendered judgment in favor of the defendant. Plaintiff appeals.

In the tax return for the company for the year 1927 its net income was stated to be $12,448.72. The tax thereon estimated by the taxpayer was $1,410.58. The tax was paid by the company, and thereafter...

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