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JONES v. JOHNSON

No. 3847.

176 F.2d 693 (1949)

JONES, Collector of Internal Revenue v. JOHNSON et al.

United States Court of Appeals Tenth Circuit.

August 8, 1949.

Attorney(s) appearing for the Case

Lester L. Gibson, Washington, D. C. (Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Robert N. Anderson, George R. Parsons, Sp. Assts. to Atty. Gen., and Robert E. Shelton, United States Attorney, Oklahoma City, Okl., on the brief), for appellant.

Charles H. Garnett, Oklahoma City, Okl. (W. K. Garnett, Oklahoma City, Okl., on the brief), for appellees.

Before BRATTON, HUXMAN and MURRAH, United States Circuit Judges.

HUXMAN, Circuit Judge, delivered the opinion of the court.

Plaintiffs, Trustees of the Johnson Ice Cream Company, instituted this action against the Collector of Internal Revenue in the United States District Court for the Western District of Oklahoma, to recover interest paid on a deficiency in excess profits tax for the year 1942. The material facts were stipulated and may be summarized as follows:

The Ice Cream Company, since dissolved, filed its excess...

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