WELCH v. SCHWEITZER

No. 9122.

106 F.2d 885 (1939)

WELCH, Collector of Revenue, v. SCHWEITZER.

Circuit Court of Appeals, Ninth Circuit.

October 14, 1939.


Attorney(s) appearing for the Case

James W. Morris, Asst. Atty. Gen., Sewall Key, Arthur A. Armstrong, and John A. Gage, Sp. Assts. to Atty. Gen., and Ben Harrison, U. S. Atty., E. H. Mitchell, Asst. U. S. Atty., and Eugene Harpole, Sp. Atty., Bureau of Internal Revenue, all of Los Angeles, Cal., for appellant.

Johnson & Johnston, of Los Angeles, Cal., for appellee.

Before WILBUR and DENMAN, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal from a judgment of the district court entered October 24, 1938, ordering refund to appellee, the taxpayer, of certain sums because of overpayments of income taxes for the calendar years 1920 and 1921.

The taxpayer filed his income tax returns for the calendar years 1920 and 1921 on or before the 15th day of March, 1921, and the 15th day of March, 1922, respectively. On the returns he showed his residence address as...

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