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CEDAR HILL CEMETERY CORP. v. DISTRICT OF COLUMBIA

No. 7769.

124 F.2d 286 (1941)

CEDAR HILL CEMETERY CORPORATION v. DISTRICT OF COLUMBIA.

United States Court of Appeals for the District of Columbia.

Decided December 8, 1941.

Attorney(s) appearing for the Case

Mr. Joseph T. Sherier, of Washington, D. C., for petitioner.

Mr. Glenn Simmon, Asst. Corp. Counsel, of Washington, D. C. with whom Messrs. Richmond B. Keech, Corp. Counsel, and Vernon E. West, Principal Asst. Corp. Counsel, both of Washington, D. C. were on the brief, for respondent.

Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.

EDGERTON, Associate Justice.

The Board of Tax Appeals of the District of Columbia has denied petitioner, Cedar Hill Cemetery Corporation, a refund of taxes, together with interest and penalties, paid for the privilege of doing business in the District during the fiscal years ending on June 30 in 1938 and 1939. The statutory measure of the tax is a percentage of the taxpayer's gross receipts.1 Petitioner contended that it was not subject...

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