BUILDERS LUMBER & SUPPLY CO. v. UNITED STATES

Civ. Nos. 361, 362.

48 F.Supp. 241 (1943)

BUILDERS LUMBER & SUPPLY CO. v. UNITED STATES. JACOB MORTENSON LUMBER CO. v. SAME.

District Court, W. D. Wisconsin.

January 27, 1943.


Attorney(s) appearing for the Case

R. E. Puchner and Richard P. Tinkham, Jr., both of Wausau, Wis., for plaintiff.

John J. Boyle, U. S. Atty., and Alvin M. Loverud, Asst. U. S. Atty., both of Madison, Wis., for defendant.


STONE, District Judge.

The above entitled actions were tried together as companion cases. In each action plaintiff seeks to recover from the defendant the amount of taxes, interest and penalty paid, under protest, to the Collector of Internal Revenue for the years 1936, 1937 and 1938. The facts in each case are practically identical and undisputed. Neither plaintiff had, during the time involved, eight or more employees, unless the corporation officers, who performed...

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