LEWIS v. WHITE

No. 4951.

56 F.2d 390 (1932)

LEWIS v. WHITE, Collector of Internal Revenue.

District Court, D. Massachusetts.

January 28, 1932.


Attorney(s) appearing for the Case

Burnham, Bingham, Gould & Murphy and George S. Fuller, all of Boston, Mass., for plaintiff.

Frederick H. Tarr, U. S. Atty., and J. Duke Smith, Sp. Asst. U. S. Atty., both of Boston, Mass., for defendant.


BREWSTER, District Judge.

This is an action to recover an additional tax assessed and paid for the taxable year 1928. The question arises on defendant's demurrer to the plaintiff's declaration, which contains the following material allegations:

The additional assessment of $5,182.01, paid under protest March 10, 1931, by the plaintiff, was due to the inclusion by the Commissioner of Internal Revenue as a part of plaintiff's income for the calendar year 1928...

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