BIRD & SON v. WHITE

No. 4596.

16 F.Supp. 168 (1936)

BIRD & SON, Inc., v. WHITE, Collector of Internal Revenue.

District Court, D. Massachusetts.

August 3, 1936.


Attorney(s) appearing for the Case

Pierpont L. Stackpole, John G. Palfrey, Gladwin M. Nead, and Warner, Stackpole & Bradlee, all of Boston, Mass., for plaintiff.

Francis J. W. Ford, U. S. Atty., and Arthur L. Murray, Sp. Asst. to the U. S. Atty., both of Boston, Mass., Robert H. Jackson, Asst. Atty. Gen., and Andrew D. Sharpe and Frederick W. Dewart, Sp. Assts. to the Atty. Gen., for defendant.


BREWSTER, District Judge.

This is an action to recover income and excess profits taxes, paid by the plaintiff for the years 1918, 1919, and 1920. The case was heard without jury, upon stipulated facts, from which it appears that the plaintiff was incorporated under the laws of Massachusetts, on May 10, 1918, as the Paper Box Company, with an authorized capital stock of $6,000,000 divided into 20,000 shares of preferred; 30,000 shares of second preferred, and 10,000...

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