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STUTZ MOTOR CAR CO. OF AMERICA v. UNITED STATES

No. 5519.

80 F.2d 623 (1935)

STUTZ MOTOR CAR CO. OF AMERICA v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

December 14, 1935.

Attorney(s) appearing for the Case

John E. Hughes, of Chicago, Ill., for appellant.

Frank J. Wideman, Asst. Atty. Gen., Sewall Key, Milford S. Zimmerman, and Wm. B. Waldo, Sp. Assts. to Atty. Gen., and Val Nolan, U. S. Atty., of Indianapolis, Ind., for the United States.

Before SPARKS and ALSCHULER, Circuit Judges, and LINDLEY, District Judge.

SPARKS, Circuit Judge.

This appeal involves a refund of income and excess profits taxes for 1917. The District Court rendered judgment for the Government and from that judgment the appeal is prosecuted.

The facts found are substantially as follows: On June 8, 1916, Henry F. Campbell and Harry C. Stutz (who owned seventy-eight per cent of the capital stock of the Stutz Motor Car Company of Indiana) entered into two contracts with Allan A. Ryan (a member of...

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