EXCELSIOR BAKING CO. v. UNITED STATES

Civ. No. 2332.

82 F.Supp. 423 (1949)

EXCELSIOR BAKING CO. v. UNITED STATES.

United States District Court D. Minnesota, Fourth Division.

January 13, 1949.


Attorney(s) appearing for the Case

Fowler, Youngquist, Furber, Taney & Johnson, of Minneapolis, Minn., for plaintiff.

Theron Lamar Caudle, Asst. Atty. Gen., Andrew D. Sharpe, Paul S. McMahon, and Maurice P. Wolk, Sp. Assts. to Atty. Gen., and John W. Graff, U. S. Atty., of St. Paul, Minn., for defendant.


JOYCE, District Judge.

This is an action for recovery of $5,760.81 representing deficiency income and declared value excess profits taxes and interest paid by the taxpayer for the calendar year 1940.

Excelsior Baking Company, plaintiff herein, is a Minnesota corporation engaged in the bakery business. In 1940, the Company was owned by a Mr. Fewell and John Tappan, Sr. who, together with John Tappan, Jr. and a Mr. Lee, comprised the board of directors. At this...

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