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WHITEHALL LUNCH CLUB v. UNITED STATES

No. M-394.

9 F.Supp. 132 (1934)

WHITEHALL LUNCH CLUB v. UNITED STATES.

Court of Claims.

December 3, 1934.

Attorney(s) appearing for the Case

E. F. Colladay and Wilton H. Wallace, both of Washington, D. C. (James J. Cosgrove, of New York City, and Colladay, McGarraghy, Colladay & Wallace, of Washington, D. C., on the brief), for plaintiff.

Fred K. Dyar, of Washington, D. C., and Frank J. Wideman, Asst. Atty. Gen., for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

GREEN, Judge.

This is an action to recover $38,521.80, with interest, being the amount of tax on dues and initiation fees collected from plaintiff from July 21, 1924, to June 28, 1928, on the ground that the plaintiff was not subject to a tax on club dues and initiation fees. Plaintiff filed claims for refund which were denied by the Commissioner of Internal Revenue.

The general issue is one of fact to be determined from all of the evidence in the case, and...

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