ROGAN v. COMMERCIAL DISCOUNT CO.

No. 10844.

149 F.2d 585 (1945)

ROGAN v. COMMERCIAL DISCOUNT CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 29, 1945.


Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., Sewall Key, A. F. Prescott, S. Dee Hanson, and Hilbert P. Zarky, Sp. Assts. to Atty. Gen., and Charles H. Carr, U. S. Atty., and E. H. Mitchell, Asst. U. S. Atty., both of Los Angeles, Cal., for appellant.

O'Melveny & Myers, Homer I. Mitchell, and Maynard J. Toll, all of Los Angeles, Cal., for appellee.

Before MATHEWS, STEPHENS, and BONE, Circuit Judges.


BONE, Circuit Judge.

Taxpayer, Commercial Discount Company, a California corporation, brought suit for a refund against the Collector of Internal Revenue to recover corporate income tax and interest paid by it for the calendar year of 1934. Both parties agree that during that year the taxpayer suffered a loss on one transaction in excess of $124,000, and this controversy is over that item on which taxpayer claims it improperly paid taxes. Claim for the refund was...

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