PARKER v. UNITED STATES

No. 5897.

88 F.2d 907 (1937)

PARKER v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

February 24, 1937.


Attorney(s) appearing for the Case

M. O. Mouat, O. A. Oestreich, and R. G. Cunningham, all of Janesville, Wis., for appellant.

Robert H. Jackson, Asst. Atty. Gen., J. Louis Monarch and Donald J. Marran, Sp. Assts. to Atty. Gen., John J. Boyle, U. S. Atty., and Harold E. Hanson, Asst. to U. S. Atty., both of Madison, Wis., and M. H. Eustace, of Washington, D. C., for appellee.

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


The appellant, a Federal taxpayer, appeals from the judgment of the District Court overruling his claim for a refund asserted by him to be an overpayment of his 1929 taxes. The Commissioner held that the redemption of certain preferred stock was the equivalent of a taxable dividend. Payment of the tax was made by the taxpayer under protest and after demand, etc. for its repayment this action was begun in the District Court. A jury was waived, and the Court made special findings...

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