LIVERMORE v. MILLER

No. 8624.

94 F.2d 111 (1938)

LIVERMORE v. MILLER, Collector.

Circuit Court of Appeals, Fifth Circuit.

January 26, 1938.


Attorney(s) appearing for the Case

W. H. Harris, of Fort Valley, Ga., for appellant.

Paul R. Russell and Sewall Key, Sp. Assts. to Atty. Gen., and James W. Morris, Asst. Atty. Gen., and Herbert S. Phillips, U. S. Atty., of Tampa, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

Appellant sued to recover income taxes allegedly overpaid in 1925, on 1924 income. The claim was that she was required by the collector to return and pay on, as realized gain in 1924, paper profits on a sale made by her in that year for $47,000, $11,645 cash, the balance in installment notes payable $11,319.25 and $12,000 in each of the following years.

The suit was in two counts. The first sued for $3,107.93 as wrongfully exacted...

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