RANK v. UNITED STATES

No. 7425.

73 F.2d 813 (1934)

RANK et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

November 26, 1934.


Attorney(s) appearing for the Case

Harvey R. Gamble, of El Paso, Tex., for appellants.

W. R. Smith, Jr., U. S. Atty., of San Antonio, Tex., and Walter S. Hunnicutt and Walter S. Howe, Asst. U. S. Attys., both of El Paso, Tex.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit is for sums claimed to have been overpaid as taxes on income. The claim is that the Commissioner overvalued preferred shares of stock in Midwest Dairies, Inc., owned by plaintiffs. The Commissioner valued stock, which in their returns plaintiffs had valued at $14.37 per share, first at $50 and later at $35, assessing plaintiffs' taxes on the latter figure.

In the claim for refund which plaintiffs filed after paying the tax...

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