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OERTEL CO. v. GLENN

No. 1827.

13 F.Supp. 651 (1936)

OERTEL CO. v. GLENN, Collector of Internal Revenue.

District Court, W. D. Kentucky.

February 10, 1936.

Attorney(s) appearing for the Case

Grover G. Sales and E. J. Wells, both of Louisville, Ky., for plaintiff.

Bunk Gardner, U. S. Atty., and Oldham Clarke, Asst. U. S. Atty., both of Louisville, Ky., Frank J. Wideman, Asst. Atty. Gen., and Andrew D. Sharpe and Courtnay C. Hamilton, Sp. Assts. to the Atty. Gen., for defendant.

HAMILTON, District Judge.

This case is submitted on demurrer to plaintiff's petition. It is a suit against the collector of internal revenue by the Oertel Company, a corporation, to recover an alleged overpayment of income and excess profits taxes for the calendar year 1933. In substance, the action grows out of the following facts:

On July 13, 1933, the plaintiff filed with the collector its capital stock tax return

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