ARMOUR & CO. v. HARRISON

No. 47 C 518.

87 F.Supp. 635 (1949)

ARMOUR & CO., LIMITED, v. HARRISON.

United States District Court N. D. Illinois, E. D.

October 10, 1949.


Attorney(s) appearing for the Case

Frederick R. Baird, R. F. Foagans, W. R. Emery, C. Marcus Whiting, Chicago, Ill., for plaintiff.

Otto Kerner, Jr., United States Attorney, Chicago, Ill., for defendant.


LA BUY, District Judge.

The above cause has been presented to the court on stipulated facts of the litigants. The plaintiff taxpayer seeks to recover $7,020.13 paid as surtax on undistributed profits for the taxable fiscal year ended on October 31, 1938 because it is alleged to have had a deficit at the beginning of that fiscal year within the meaning of the Louisiana statute prohibiting payment of dividends during the existence of a deficit.

Section 14(b...

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