UNITED STATES v. HELVERING

No. 6561.

89 F.2d 848 (1937)

UNITED STATES ex rel. BOTANY WORSTED MILLS v. HELVERING, Com'r of Internal Revenue.

United States Court of Appeals for the District of Columbia.

Decided March 8, 1937.


Attorney(s) appearing for the Case

J. S. Y. Ivins and A. H. Conner, both of Washington, D. C., for petitioner.

Robert H. Jackson and Frank J. Wideman, Asst. Attys. Gen., and Sewall Key, Frank J. Ready, Jr., and Norman D. Keller, all of Washington, D. C., for Commissioner of Internal Revenue.

Before ROBB, VAN ORSDEL, GRONER, and STEPHENS, Associate Justices.


GRONER, J.

An appeal from a final judgment of the District Court. In March, 1933, petitioner applied in the court below for a mandamus to the Commissioner of Internal Revenue commanding him to act upon petitioner's claim for refund of its income and profits taxes for the year 1919 on the merits, and to decide whether petitioner is entitled to special relief under sections 327 and 328 of the Revenue Act of 1918 (40 Stat. 1057, 1093) and, if he should find that it is...

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