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ELBEE CHOCOLATE CO. v. UNITED STATES

No. L-4227.

58 F.2d 661 (1932)

ELBEE CHOCOLATE CO. v. UNITED STATES.

District Court, E. D. New York.

May 6, 1932.

Attorney(s) appearing for the Case

Benjamin Mahler, of New York City (Irving Levinson, of New York City, of counsel), for plaintiff.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y (A. D. Smith, Asst. U. S. Atty., of Brooklyn, N. Y., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and E. E. Angevine, Bureau of Internal Revenue, both of Washington, D. C., of counsel), for the United States.

GALSTON, District Judge.

In this suit, pursuant to the provisions of section 24, paragraph 20, of the Judicial Code (U. S. Code, title 28, § 41, subdivision 20 [28 USCA § 41 (20)]), plaintiff seeks to recover the sum of $3,750.48, income and profits taxes paid for the calendar year 1918.

The case was tried upon a stipulation of facts from which it appears that the plaintiff was affiliated with two other domestic corporations, Levine Bros., Inc.,...

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