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MARLBOROUGH CORPORATION v. UNITED STATES

No. 11881.

172 F.2d 787 (1949)

MARLBOROUGH CORPORATION v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

February 23, 1949.

Attorney(s) appearing for the Case

Thomas R. Dempsey, Wellman P. Thayer, Arthur H. Deibert, and William L. Kumler, all of Los Angeles, Cal., for appellant.

Theron L. Caudle, Asst. Atty. Gen., George A. Stinson, Ellis N. Slack, Philip R. Miller, and Austin Hoyt, Sp. Assts. to Atty. Gen. (James M. Carter, U. S. Atty., and George M. Bryant, Asst. U. S. Atty., both of Los Angeles, Cal., of counsel), for appellee.

Before MATHEWS and STEPHENS, Circuit Judges, and DRIVER, District Judge.

MATHEWS, Circuit Judge.

The Commissioner of Internal Revenue determined that there were deficiencies of $3,389.55 and $6,036.49 in respect of the income taxes of appellant, Marlborough Corporation, for its taxable years ending August 31, 1939, and August 31, 1940. These amounts were collected from appellant. Alleging that they were illegally collected, appellant claimed refunds and, its claims having been denied, brought an action in the District Court against appellee...

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