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ALUMINUM CO. OF AMERICA v. UNITED STATES

No. 6635.

2 F.Supp. 894 (1932)

ALUMINUM CO. OF AMERICA v. UNITED STATES.

District Court, W. D. Pennsylvania.

October 11, 1932.

Attorney(s) appearing for the Case

John G. Buchanan, Paul G. Rodewald, and Smith, Buchanan, Scott & Gordon, all of Pittsburgh, Pa., for plaintiff.

Louis E. Graham, U. S. Atty., of Pittsburgh, Pa., Floyd F. Toomey, Asst. Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., and John A. McCann, Sp. Atty., Bureau of Internal Revenue, of Pittsburgh, Pa. (Clarence M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C., of counsel), for the United States.

SCHOONMAKER, District Judge.

This is a suit for the recovery of taxes alleged to have been illegally assessed and collected under the Revenue Act of 1918. The case was heard on demurrer to the plaintiff's petition.

The petition discloses that the plaintiff, a Pennsylvania corporation, filed with the deputy collector of internal revenue for the Twenty-Third district, a consolidated return of net income and invested capital, on the basis of the calendar year...

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