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REINECKE v. KAEMPFER

No. 5086.

72 F.2d 469 (1934)

REINECKE v. KAEMPFER et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied September 28, 1934.

Attorney(s) appearing for the Case

F. D. Wideman, U. S. Asst. Atty. Gen., Sewall Key and J. Louis Monarch, Sp. Asst. Atty. Gen., and Dwight Green, U. S. Dist. Atty., of Chicago, Ill., for appellant.

Frederick A. Thulin, J. C. Gregory, and A. E. Minetor, all of Chicago, Ill., for appellees.

Before ALSCHULER, SPARKS, and FITZHENRY, Circuit Judges.

ALSCHULER, Circuit Judge.

The United States Collector of Internal Revenue appeals from a judgment of the District Court which awarded appellees, as trustees, $346.50 as overpayment of taxes levied for the taxable years 1924, 1925, and 1926 under section 700 (a) (1) and section 2 (a) (2) of the Revenue Act of 1924 (26 USCA § 223 note, and § 1262 (a) (2) and note),1 providing for an annual capital stock tax on corporations and...

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