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ERNEST BURWELL, INC. v. UNITED STATES

Civ. A. No. 1347.

113 F.Supp. 26 (1953)

ERNEST BURWELL, Inc. v. UNITED STATES.

United States District Court W. D. South Carolina, Spartanburg Division.

June 10, 1953.

Attorney(s) appearing for the Case

Neville Holcombe, Spartanburg, S. C., for plaintiff.

John C. Williams, U. S. Atty., and Chester D. Ward, Jr., Asst. U. S. Atty., Greenville, S. C., and Donald P. Hertzog, Sp. Asst. to Atty. Gen., Washington, D. C., for defendant.

WYCHE, Chief Judge.

In this action plaintiff is seeking to recover $4,117.05, which it paid as income and excess profit taxes alleged to have been erroneously and unlawfully assessed against it for the year 1941. These taxes are attributable solely to the Commissioner's disallowance of $6,000, of the $16,000, salary, which plaintiff paid in that year to its president and general manager, Ernest Burwell. The sole question involved is the reasonableness of this compensation...

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