ROTH OFFICE EQUIPMENT CO. v. GALLAGHER

Civil Action No. 498.

73 F.Supp. 745 (1947)

ROTH OFFICE EQUIPMENT CO. v. GALLAGHER.

District Court, S. D. Ohio, W. D.

September 12, 1947.


Attorney(s) appearing for the Case

Pickrel, Schaeffer & Ebeling, of Dayton, Ohio, for plaintiff.

Sewall Key, Acting Asst. Atty. Gen., Andrew D. Sharpe, John E. Garvey, and Ruppert Bingham, Sp. Assts. to Atty. Gen., Ray J. O'Donnell, U.S. Atty., of Columbus, Ohio, and William J. Dammarell, Asst. U. S. Atty., of Cincinnati, Ohio, for defendant.


DRUFFEL, District Judge.

This is an action arising under Sec. 23(a) of the Internal Revenue Code, 26 U.S.C.A. Int. Rev. Code, § 23(a), and laws of the United States of America, in which plaintiff is seeking to recover $27,703.12 claimed to have been paid as income and excess profit taxes unlawfully and erroneously assessed by defendant for the years 1941 and 1942.

The issue in controversy concerns the salary and bonus paid by plaintiff to its three officers...

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