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LONGYEAR REALTY CORPORATION v. KAVANAGH

No. 10122.

156 F.2d 462 (1946)

LONGYEAR REALTY CORPORATION v. KAVANAGH, Collector of Internal Revenue.

Circuit Court of Appeals, Sixth Circuit.

July 8, 1946.

Attorney(s) appearing for the Case

Angell, Turner, Dyer & Meek, and Walter M. Meek, all of Detroit, Mich., on the brief, for appellant.

Harry Baum, of Washington, D. C. (Sewall Key, Helen R. Carloss, and Lester L. Gibson, all of Washington, D. C., and John C. Lehr and Morris Zwerdling, both of Detroit, Mich., on the brief), for appellee.

Before HICKS, MARTIN, and MILLER, Circuit Judges.

MARTIN, Circuit Judge.

In our judgment, neither the opinion of the Supreme Court in Bull v. United States, 295 U.S. 247, 55 S.Ct. 695, 79 L.Ed. 1421, nor that in McEachern v. Rose, 302 U.S. 56, 58 S.Ct. 84, 82 L.Ed. 46, both of which have been stressed in argument of counsel, points the way to decision of the instant case. The McEachern case dealt with the question whether over-payments of income taxes...

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