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MENGEL CO. v. GLENN

No. 471.

50 F.Supp. 765 (1943)

MENGEL CO., Inc., v. GLENN, Collector of Internal Revenue.

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

August 9, 1943.

Attorney(s) appearing for the Case

Charles G. Middleton and Bullitt & Middleton, all of Louisville, Ky., for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and Edward First, Sp. Assts. to Atty. Gen., and Eli H. Brown, III, U. S. Atty., of Louisville, Ky., for defendant.

MILLER, District Judge.

The Mengel Company, a New Jersey corporation with its principal office in Louisville, Kentucky, filed this action against the Collector of Internal Revenue for the District of Kentucky to recover $18,127.33 with interest which it claims was erroneously assessed against it and paid by it under protest as a deficiency surtax on undistributed profits for the calendar year 1936. Claim for refund was duly filed and denied before the bringing of...

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