COHEN v. UNITED STATES

No. 3612.

115 F.2d 505 (1940)

COHEN v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

November 27, 1940.


Attorney(s) appearing for the Case

Abraham Kamberg, of Springfield, Mass., for appellant.

Eugene E. Angevine, of Washington, D. C. (Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch and Helen R. Carloss, Sp. Assts. to Atty. Gen., and Edmund J. Brandon and C. Keefe Hurley, both of Boston, Mass., on the brief), for appellee.

Before MAGRUDER and MAHONEY, Circuit Judges, and SWEENEY, District Judge.


MAHONEY, Circuit Judge.

In this action a trustee in bankruptcy sought to recover alleged overpayments of income taxes for the calendar years 1929 and 1930. After the case had been heard on the pleadings and agreed statements of facts, judgment was entered for the government and the trustee has appealed.

The Henry J. Perkins Company, a Massachusetts corporation, was engaged in the wholesale fruit and produce business in the years 1929 and 1930. In its income...

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