SMITH v. UNITED STATES

No. 53.

34 F.Supp. 947 (1940)

SMITH v. UNITED STATES.

District Court, D. Delaware.

September 4, 1940.


Attorney(s) appearing for the Case

William H. Foulk (of Satterthwaite & Foulk), of Wilmington, Del., for plaintiff.

Stewart Lynch, U. S. Atty., of Wilmington, Del., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe and James P. Garland, Sp. Assts. to Atty. Gen., for defendant.


NIELDS, District Judge.

This is an action to recover $57,792.74 alleged to have been illegally collected from plaintiff. The sum represents additional assessments of income taxes for the calendar years 1934 and 1935.

In 1923 plaintiff organized a personal holding company known as Wollaston Securities Company, hereinafter referred to as "company". Its authorized capital was 5,000 shares of preferred stock (par value $100 per share) and 100 shares of common...

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