NORDBERG MFG. CO. v. KUHL

Civ. A. No. 3495.

69 F.Supp. 750 (1946)

NORDBERG MFG. CO. v. KUHL et al.

District Court, E. D. Wisconsin.

December 20, 1946.


Attorney(s) appearing for the Case

Miller, Mack & Fairchild and Theodore C. Bolliger, all of Milwaukee, Wis. for plaintiff.

Timothy Cronin, U. S. Atty., and E. J. Koelzer, Asst. U. S. Atty., both of Milwaukee, Wis. and Fred J. Neuland, Sp. Asst. to Atty. Gen. for defendants.


DUFFY, District Judge.

Plaintiff seeks to recover $28,951.39, plus statutory interest, representing surtax on undistributed profits alleged to have been erroneously and illegally exacted for the taxable year 1937. A timely claim for recovery was filed by plaintiff and rejected by the Commissioner of Internal Revenue. The facts are not in dispute.

The question to be here determined is whether distributions made by the plaintiff to its preferred stockholders...

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