FROST v. UNITED STATES

No. 12272.

168 F.2d 705 (1948)

FROST et al. v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing September 1, 1948.


Attorney(s) appearing for the Case

Elmo P. Lee, Jr., of Shreveport, La., for appellants.

Leland T. Atherton, Sp. Asst. to the Atty. Gen., Theron L. Caudle, Asst. Atty. Gen., and Malcolm E. Lafargue, U.S. Atty., and Wm. J. Fleniken, Asst. U. S. Atty., both of Shreveport, La., for appellee.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.


WALLER, Circuit Judge.

The facts in this case — fully stated in the opinion of the lower Court in 71 F.Supp. 793 — relate to the recoverability of income taxes paid by appellants as owners of 9,105 shares of stock in Frost Lumber Industries, Inc., a corporation under the laws of Missouri. Each appellant in the tax year 1940 received the sum of $45,501 as dividends paid by the corporation out of earnings that came...

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