R. C. TWAY COAL SALES CO. v. UNITED STATES


3 F.Supp. 668 (1933)

R. C. TWAY COAL SALES CO. v. UNITED STATES.

District Court, W. D. Kentucky.

January 7, 1933.


Attorney(s) appearing for the Case

Selligman, Selligman & Goldsmith, of Louisville, Ky., and Miller & Chevalier, of Washington, D. C., for plaintiff.

T. J. Sparks, U. S. Atty., and Frank A. Ropke, Asst. U. S. Atty., both of Louisville, Ky., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, W. F. Evans, Sp. Atty., Bureau of Internal Revenue, and Herbert E. Carnes, Sp. Atty., Bureau of Internal Revenue, all of Washington, D. C., for the United States.


DAWSON, District Judge.

In this action the plaintiff seeks to recover $23,818.39 as a refund of taxes claimed to have been illegally collected from it for the years 1922 and 1923.

The taxes were assessed against and collected from the plaintiff by the Commissioner under section 220 of the Revenue Act of 1921 (42 Stat. 247).

The material facts are as follows: Plaintiff is a Kentucky corporation organized in 1918. Its charter authorized it to engage...

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