JOHN F. JELKE CO. v. SMIETANKA

No. 5735.

86 F.2d 470 (1936)

JOHN F. JELKE CO. v. SMIETANKA, Former Collector of Internal Revenue.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied December 9, 1936.


Attorney(s) appearing for the Case

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

Robert H. Jackson, Sewall Key, and Joseph M. Jones, all of Washington, D. C., and Michael L. Igoe, of Chicago, Ill., for appellee.

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


LINDLEY, District Judge.

Appellant, having sued the collector to recover an overpayment of income taxes, appeals from the judgment of the District Court in favor of appellee.

Early in 1918 appellant filed its income tax return for 1917 showing a tax due for that year of $562,605.33, which appellant paid, together with an additional tax of $79,974.91 later assessed. On July 31, 1919, appellant filed a claim for refund for part of the taxes paid, asserting an...

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