INDUSTRIAL BANKERS SECURITIES CORPORATION v. HIGGINS

No. 244.

104 F.2d 177 (1939)

INDUSTRIAL BANKERS SECURITIES CORPORATION v. HIGGINS, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

May 8, 1939.


Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (William L. Lynch and William F. Young, Asst. U. S. Attys., both of New York City, of counsel), for appellant.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City, and J. N. Welch and L. E. Green, both of Boston, Mass. (Robert C. Vincent, of New York City, of counsel), for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the defendant, Collector of Internal Revenue, from two judgments recovered by the plaintiff against him for $138,490.17 and $51,421.98 respectively, together with interest and costs. The judgments were based on claims of the plaintiff, Industrial Bankers Securities Corporation, for income taxes alleged to have been overassessed against it for the years ending September 30, 1932, and September 30, 1933. We think...

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