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COOK v. UNITED STATES

No. 9128.

108 F.2d 804 (1940)

COOK v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

January 16, 1940.

Attorney(s) appearing for the Case

Harry L. Logan, Jr., of Fort Worth, Tex., for appellant.

Maurice J. Mahoney and Sewall Key, Sp. Assts. to Atty. Gen., and Samuel O. Clark, Jr., Asst. Atty. Gen., and Clyde O. Eastus, U. S. Atty., of Fort Worth, Tex. for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

Sam Cook sued the United States in the district court to recover $3,561 adjudged against him by the Board of Tax Appeals on redetermining his income taxes for the year 1925, which he paid under protest to stop penalty interest, instead of seeking a review before the Circuit Court of Appeals. A motion to dismiss the suit was made and sustained on the grounds that the decision of the Board of Tax Appeals having become final, the district court...

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