WOOLNER DISTILLING CO. v. UNITED STATES

No. 4706.

62 F.2d 228 (1932)

WOOLNER DISTILLING CO. v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

December 29, 1932.


Attorney(s) appearing for the Case

Joseph A. Weil, of Peoria, Ill. (Herman G. Kopald and Felix Fishman, both of New York City, of counsel), for appellant.

Frank K. Lemon, U. S. Atty., and Marks Alexander, Asst. U. S. Atty., both of Springfield, Ill. (C. M. Charest, General Counsel, Bureau of Internal Revenue and Frank J. Ready, Jr., Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for the United States.

Before ALSCHULER and SPARKS, Circuit Judges, and WILKERSON, District Judge.


ALSCHULER, Circuit Judge.

The appeal is from a judgment against appellant for money alleged to have been paid it by appellee through mistake.

The facts appear by stipulation. April 1, 1918, appellant's subsidiary filed with the United States Collector of Internal Revenue at Pittsburgh, Pa., its income and profits tax return showing $2,457.96 due for 1917, which tax was assessed accordingly. October 9, 1918, the taxpayer filed through the collector's office...

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