HANOVER IMP. SOC. v. GAGNE

No. 3261.

92 F.2d 888 (1937)

HANOVER IMP. SOC., Inc., v. GAGNE, Collector of Internal Revenue.

Circuit Court of Appeals, First Circuit.

November 9, 1937.


Attorney(s) appearing for the Case

John P. Carleton, of Manchester, N. H. (McLane, Davis & Carleton, of Manchester, N. H., on the brief), for appellant.

Ellis N. Slack, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key, Sp. Asst. to Atty. Gen., and Alexander Murchie, U. S. Atty., of Concord, N. H., on the brief), for appellee.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.


MORTON, Circuit Judge.

This is an appeal by the plaintiff from a judgment in favor of the collector in an action brought to recover a federal capital stock tax alleged to have been unlawfully assessed and collected. The years involved are 1933 and 1934. The tax was properly assessed and collected unless the plaintiff was entitled to exemption under section 103 (8) of the Revenue Act of 1932 (26 U.S. C.A. § 103(8) and note) and under section 101(8) of the Revenue...

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