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SCHAFFNER v. HARRISON

No. 7139.

113 F.2d 449 (1940)

SCHAFFNER v. HARRISON, Collector of Internal Revenue.

Circuit Court of Appeals, Seventh Circuit.

June 18, 1940.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key and Leon F. Cooper, Sp. Assts. to the Atty. Gen., and William J. Campbell, U. S. Atty., of Chicago, Ill., for appellant.

Carl Meyer, Herbert Friedlich, and Louis A. Kohn, all of Chicago, Ill., for appellee.

Before EVANS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Defendant appeals from a judgment entered in the District Court for the recovery of alleged overpayment of income taxes for the year 1930, in the sum of $19,730.68, and for 1931, $11,685.39 and interest, paid to defendant, Collector of Internal Revenue, by plaintiff, the taxpayer. Judgment was entered upon the pleadings, it appearing that there was no controversy as to the correctness of facts therein averred.

Joseph Schaffner, a resident...

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