FOSS & CO. v. NICHOLS

No. 2418.

3 F.Supp. 371 (1933)

FOSS & CO., Inc., v. NICHOLS, Collector of Internal Revenue.

District Court, D. Massachusetts.

January 23, 1933.


Attorney(s) appearing for the Case

Jacob J. Kaplan and Dunbar, Nutter & McLennen, all of Boston, Mass., for plaintiff.

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


McLELLAN, District Judge.

This is an action at law in which the plaintiff seeks to recover for money had and received by the defendant to the plaintiff's use.

The case was heard upon an agreed statement of facts, from which it appears in substance that the plaintiff filed its corporation income and profits tax return for the year 1917 on April 29, 1918, disclosing a tax liability of approximately $30,000. Upon audit of this return, the Commissioner of Internal...

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