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ERTLE v. UNITED STATES

No. 49610.

93 F.Supp. 619 (1950)

ERTLE et al. v. UNITED STATES.

United States Court of Claims.

Decided November 7, 1950.

Attorney(s) appearing for the Case

K. J. Ertle, Cleveland, Ohio, for plaintiffs.

John A. Rees, Washington, D. C., with whom was Asst. Atty. Gen. Theron Lamar Caudle, for defendant. Andrew D. Sharpe, Washington, D. C., on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

JONES, Chief Judge.

This is a suit to recover $18,643.51 alleged to have been paid on February 24, 1950, to the Collector of Internal Revenue at Cleveland, Ohio. The petition alleges that the collections were made as the result of penalty assessments against all of the plaintiffs jointly, under the authority set out in Section 2707 (b) and Section 1718 (c) of the Internal Revenue Code, 26 U.S.C.A. §§ 2707(b) 1718(c); that the amount was paid under protest...

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