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EXMOOR COUNTRY CLUB v. UNITED STATES

No. 7498.

119 F.2d 961 (1941)

EXMOOR COUNTRY CLUB v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

April 30, 1941.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel and Hubert L. Will, both of Washington, D. C., for appellant.

Frank H. Towner, of Chicago, Ill., for appellee.

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

KERNER, Circuit Judge.

The United States imposed a tax upon the appellee, Exmoor Country Club. Appellee paid the tax and filed a refund claim, which the Commissioner of Internal Revenue rejected, and appellee brought this action to recover the tax. The District Court, trying the case without a jury, found the issues for appellee and entered judgment against the appellant for $2874.09. The correctness of the judgment as to $1426.34 is not disputed. To reverse the judgment...

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