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CHESS & WYMOND v. GLENN

No. 176.

40 F.Supp. 666 (1941)

CHESS & WYMOND, Inc., v. GLENN, Collector of Internal Revenue.

District Court, W. D. Kentucky, Louisville Division.

September 6, 1941.

Attorney(s) appearing for the Case

Chas. G. Middleton, Chas. G. Middleton, Jr., and Crawford, Middleton, Milner & Seelbach, all of Louisville, Ky., for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew W. Sharpe and Arthur L. Jacobs, Sp. Assts. to the Atty. Gen., and Eli H. Brown, III, U. S. Dist. Atty., of Louisville, Ky., for defendant.

MILLER, District Judge.

The plaintiff Chess and Wymond, Incorporated, brought this action against the defendant Collector of Internal Revenue to recover $46,208.85 with 6% interest from December 15, 1939, which it claims was illegally assessed against the plaintiff for its taxable year ending March 31, 1937. The tax was paid under protest and refund thereafter denied.

Findings of Fact.

The plaintiff Chess and Wymond, Incorporated, was organized under...

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