PYRAMID COAL CORP. v. COM'R OF INTERNAL REVENUE

No. 8317.

138 F.2d 748 (1943)

PYRAMID COAL CORPORATION v. COMMISSIONER OF INTERNAL REVENUE.

Circuit Court of Appeals, Seventh Circuit.

November 30, 1943.


Attorney(s) appearing for the Case

Samuel M. Rinaker, Earl B. Wilkinson, and Samuel W. Witwer, Jr., all of Chicago, Ill., for petitioner.

Fred E. Youngman, Sp. Asst. to the Atty. Gen., and Samuel O. Clark, Jr., Sewall Key, J. P. Wenchel and John T. Rogers, Bureau of Internal Revenue, all of Washington, D. C., for respondent.

Before SPARKS and KERNER, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

By this action petitioner seeks to review a decision of the Tax Court of the United States which found it liable for deficiencies in unjust enrichment taxes for its fiscal years ending March 31, 1936 and March 31, 1937, together with a penalty for failure to file a return for the latter year. It found that these taxes and the penalty were due from petitioner under section 501(a) (1) of the Revenue Act of 1936, 26 U.S.C.A. Int. Rev.Code, §...

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