GOULD SECURITIES CO. v. UNITED STATES

No. 269.

96 F.2d 780 (1938)

GOULD SECURITIES CO., Inc., v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

May 9, 1938.


Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (John W. Burke, Jr., Asst. U. S. Atty., of New York City, of counsel), for the United States.

Greene & Greene, of New York City (James L. Dohr and Daniel S. Murphy, both of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

The predecessor of the appellant, the Gould Coupler Company, which is for present purposes to be treated as one with the appellant, was assessed, and it paid, income taxes for the year 1925 in an amount which is now claimed to have been excessive. It has brought this suit under the Tucker Act, 28 U.S.C.A. § 41 (20), and has recovered a judgment for the overpayment claimed with interest. The government has appealed.

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