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TYSON v. COMMISSIONER OF INTERNAL REVENUE

No. 4836.

66 F.2d 160 (1933)

TYSON v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

June 29, 1933.

Attorney(s) appearing for the Case

Arnold R. Baar and Herman T. Reiling, both of Chicago, Ill. (KixMiller, Baar & Hoffman, of Chicago, Ill., of counsel), for petitioner.

Sewall Key and Helen R. Carloss, Sp. Assts. to Atty. Gen., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, of Washington, D. C. (C. R. Marshall, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., of counsel), for respondent.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

EVANS, Circuit Judge.

This appeal is from an order of the United States Board of Tax Appeals dismissing, for want of jurisdiction, petitioner's petition for review of the Commissioner's (so-called) determination of his 1928 income tax.

The facts: Petitioner's income tax for the calendar year 1928 was fixed by the Commissioner at $22,933.32. This amount petitioner promptly paid. Subsequently, a claim for a refund was filed and allowed. The amount thereof, to...

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