GRAHAM MILL & ELEVATOR CO. v. THOMAS

No. 11406.

152 F.2d 564 (1945)

GRAHAM MILL & ELEVATOR CO. v. THOMAS, Collector of Internal Revenue.

Circuit Court of Appeals, Fifth Circuit.

December 19, 1945.


Attorney(s) appearing for the Case

R. B. Cannon, of Fort Worth, Tex., for appellant.

Homer R. Miller and Sewall Key, Sp. Assts. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and A. W. Christian, Asst. U. S. Atty., of Dallas, Tex., for appellee.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.


SIBLEY, Circuit Judge.

Appellant's claim for refund of an additional income tax exacted for the calendar year 1942 was not granted; suit was brought in the district court against the Collector; on the admissions in the pleadings and uncontradicted testimony of witnesses, the judge found the facts and law against appellant, and denied recovery. This appeal followed.

Appellant, a corporation, was a manufacturer of flour, meal and feed stuffs for cattle and poultry...

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