PORTH v. BRODRICK

No. 4811.

214 F.2d 925 (1954)

PORTH v. BRODRICK.

United States Court of Appeals Tenth Circuit.

August 7, 1954.


Attorney(s) appearing for the Case

Jean Oliver Moore, Wichita, Kan., for appellant.

William C. Farmer, U. S. Atty., Wichita, Kan., H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Lee A. Jackson, Karl Schmeidler, Sp. Assts. to the Atty. Gen., for appellee.

Before PHILLIPS, Chief Judge, PICKETT, Circuit Judge, and KENNEDY, District Judge.


PER CURIAM.

A. J. Porth, herein referred to as taxpayer, instituted this action against the Collector of Internal Revenue for the State of Kansas to recover the sum of $135 which he alleged was erroneously and illegally paid on his declaration of estimated income tax for the year 1951. The trial court dismissed the petition upon the Collector's motion on the ground that it failed to state a claim upon which relief could be granted. The taxpayer appealed.

The...

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