HASSETT v. ASSOCIATED HOSPITAL SERVICE CORPORATION

No. 3708.

125 F.2d 611 (1942)

HASSETT, Former Acting Collector of Internal Revenue, v. ASSOCIATED HOSPITAL SERVICE CORPORATION OF MASSACHUSETTS.

Circuit Court of Appeals, First Circuit.

February 4, 1942.


Attorney(s) appearing for the Case

Lyle M. Turner, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., J. Louis Monarch, Sp. Asst. to Atty. Gen., and Edmund J. Brandon and George F. Garrity, both of Boston, Mass., on the brief), for appellant.

Roger W. Hardy, of Boston, Mass., for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.


MAHONEY, Circuit Judge.

The plaintiff brought this action to recover taxes alleged to have been assessed and collected illegally under Title VIII of the Social Security Act of 1935, 49 Stat. 636, 639, 42 U.S.C.A. § 301 et seq., on the ground that the plaintiff is exempt from the act being "a corporation * * * organized and operated exclusively for * * * charitable * * * purposes * * * no part of the net earnings of which inures to the benefit of any private shareholder...

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