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DU PONT v. DEPUTY

23 F.Supp. 33 (1938)

DU PONT v. DEPUTY, Collector of Internal Revenue.

District Court, D. Delaware.

January 18, 1938.

Attorney(s) appearing for the Case

Hugh M. Morris, of Wilmington, Del., and James S. Y. Ivins (of Ivins, Phillips, Graves & Barker), of Washington, D. C., for plaintiff.

Aaron Finger (of Richards, Layton & Finger), of Wilmington, Del., and Percy W. Phillips (of Ivins, Phillips, Graves & Barker), of Washington, D. C., for Wilmington Trust Company, intervener.

John J. Morris, Jr., U. S. Atty., of Wilmington, Del., James W. Morris, Asst. Atty. Gen., and Andrew D. Sharpe and Lester L. Gibson, Sp. Assts. to Atty. Gen., for defendant.

NIELDS, District Judge.

Indebitatus assumpsit to recover $161,017.30 alleged to have been wrongfully collected by defendant from plaintiff as income taxes for the year 1932 and interest.

The declaration alleges that on December 9, 1929, plaintiff purchased 21,730 shares of the common stock of Rubber Securities Company for $2,173,000; on December 30, 1932, plaintiff sold 16,000 shares of said stock for $234,360 and thereby sustained a

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