WICHITA COCA COLA BOTTLING CO. v. UNITED STATES

No. 11420.

152 F.2d 6 (1945)

WICHITA COCA COLA BOTTLING CO. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

December 10, 1945.


Attorney(s) appearing for the Case

O. E. Nelson and Ernest Robertson, both of Wichita Falls, Tex., for appellant.

Samuel O. Clark, Jr., Asst. Atty. Gen., and Homer R. Miller and Sewall Key, Sp. Assts. to Atty. Gen., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.


SIBLEY, Circuit Judge.

The suit in the District Court was to recover income taxes for the year 1940 alleged to have been erroneously assessed and collected because of the wrongful inclusion of $9,111.40 in income for that year. The judge, sitting without a jury, gave judgment for the United States and this appeal followed.

The evidential facts were stipulated, centering about the handling of an account on the appellant's books which originated in 1919 and...

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