UNITED STATES EX REL. COLE v. HELVERING

No. 6185.

73 F.2d 852 (1934)

UNITED STATES ex rel. COLE v. HELVERING, Commissioner of Internal Revenue.

United States Court of Appeals for the District of Columbia.

Decided November 5, 1934.


Attorney(s) appearing for the Case

Andrew T. Smith and Lewis H. Barnes, both of Washington, D. C., and Elwood Hamilton, of Louisville, Ky., for appellant.

Frank J. Wideman, Asst. Atty. Gen., of the United States, and Sewall Key, of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB, HITZ, and GRONER, Associate Justices.


PER CURIAM.

Appeal from a judgment in the Supreme Court of the District, in a mandamus proceeding, overruling the demurrer of appellant (petitioner below) to the answer of appellee (respondent below) and dismissing the petition, appellant electing to stand on his demurrer.

The question involved in this appeal is whether the Commissioner of Internal Revenue may retain from an amount adjudicated to be overpayment of taxes for 1929 a sufficient sum to cover an...

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