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F. H. PEAVEY & CO. v. UNITED STATES

No. J-19.

55 F.2d 516 (1932)

F. H. PEAVEY & CO. v. UNITED STATES.

Court of Claims.

January 18, 1932.

Attorney(s) appearing for the Case

Wm. J. Hogan, Jr., of Washington, D. C. (Simon Michelet, of Washington, D. C., on the brief), for plaintiff.

R. C. Williamson, of Washington, D. C., and Chas. B. Rugg, Asst. Atty. Gen., for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

WILLIAMS, Judge.

The plaintiff, a Minnesota corporation, sues to recover the sum of $29,112.87, corporation income tax, alleged to have been erroneously collected from the plaintiff for the calendar year 1922, together with interest thereon.

During the year 1922 the plaintiff owned 51 per cent. of the outstanding capital stock of the British America Elevator Company, Ltd., a corporation organized under the laws of the Dominion of Canada, which corporation...

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