GRAY HOLDING CORP. v. CLAUSON

No. 182.

95 F.Supp. 928 (1951)

GRAY HOLDING CORP. v. CLAUSON.

United States District Court D. Maine, S. D.

March 2, 1951.


Attorney(s) appearing for the Case

B. A. Brickley, Charles W. O'Brien, Boston, Mass., Leonard A. Pierce, Jotham D. Pierce and Edward W. Atwood, all of Portland, Me., for plaintiff.

Andrew D. Sharpe, Washington, D. C., Alton A. Lessard, U. S. Atty., Edward J. Harrigan, Asst. U. S. Atty., Portland, Me., for defendant.


CLIFFORD, District Judge.

This is an action for the recovery of $2,854.08, representing income taxes paid by the taxpayer, Gray Holding Corporation, to the defendant, Collector of Internal Revenue for the District of Maine, for the years 1939 and 1940, together with legal interest thereon.

The ground upon which this refund is sought is that the plaintiff corporation was not engaged in business so as to subject its income to taxation and, therefore, that its...

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