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BIANCHI v. DOMENECH

No. 3003.

77 F.2d 911 (1935)

BIANCHI v. DOMENECH, Treasurer of Puerto Rico.

Circuit Court of Appeals, First Circuit.

May 25, 1935.

Attorney(s) appearing for the Case

A. P. Bersohn, of New York City (Frank Bianchi, of San Juan, P. R., and Phelan Beale and Bouvier & Beale, all of New York City, on the brief), for appellant.

William C. Rigby, of Washington, D. C. (Benjamin J. Horton, Atty. Gen., of Puerto Rico, and Nathan R. Margold, Sol. for Department of Interior, of Washington, D. C., on the brief), for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

BINGHAM, Circuit Judge.

This is an action at law brought by the plaintiff against the Treasurer of Puerto Rico to recover a deficiency tax assessed against him for the year 1917 of $4,067.22, plus interest and surcharges, in all amounting to $8,232.03, which the taxpayer paid under protest September 17, 1930. The District Court of Mayaguez, where the suit was brought, sustained the claim of the plaintiff. The Supreme Court of Puerto Rico on appeal reversed the judgment...

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