TOLEDO RYS. & LIGHT CO. v. McMAKEN

Nos. 2360, 2361.

17 F.Supp. 338 (1936)

TOLEDO RYS. & LIGHT CO. v. McMAKEN, Collector of Internal Revenue (two cases).

District Court, N. D. Ohio, W. D.

Supplemental Opinion November 28, 1936.


Attorney(s) appearing for the Case

Welles, Kelsey & Cobourn, of Toledo, Ohio, for plaintiff.

W. B. Waldo, Sp. Asst. to Atty. Gen., and Gerald P. Openlander, Asst. U. S. Atty., of Toledo, Ohio, amici curiæ.


KILLITS, District Judge.

Petitions in these cases were filed on the same day, October 16, 1912, to recover of the defendant the sums of $3,066.82 and $2,248.52, respectively, excise taxes upon net income of the plaintiff, alleged to have been unlawfully demanded, and paid under protest by the plaintiff, and attempted to be assessed and collected under the Act of August 5, 1909 (36 Stat. 11). The actions were begun within the pertinent limitations of the applicable...

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