STURGEON v. SCHUSTER

No. 3386.

158 F.2d 811 (1947)

STURGEON, Acting Collector of Internal Revenue, et al. v. SCHUSTER.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 8, 1947.


Attorney(s) appearing for the Case

Frederic G. Rita, Sp. Asst. to Atty. Gen. (Douglas W. McGregor, Asst. Atty. Gen., Sewall Key and J. Louis Monarch, Sp. Assts. to Atty. Gen., and Charles E. Dierker, U. S. Atty., of Oklahoma City, Okl., on the brief), for appellants.

Herbert K. Hyde, of Oklahoma City, Okl. (Lee Williams, of Oklahoma City, Okl., on the brief), for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.


BRATTON, Circuit Judge.

During the years 1937 to 1941, both inclusive, John O. Schuster was engaged in business in Oklahoma City, Oklahoma, operating part of the time under one trade name and part under another. He regularly filed annual income tax returns for those years; in 1943, he filed amended returns; and he paid the income taxes reflected by the returns. Thereafter, a deficiency assessment was made. Without admitting that any additional taxes were due but claiming...

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