LILLY v. UNITED STATES

No. 7236.

238 F.2d 584 (1956)

DeForrest LILLY and Robert R. Jones, doing business in the firm name and style of Mullens T. V. Cable Service, in their individual right as taxpayers, and for and on behalf of and for the use and benefit of subscribers to the wire services of Mullens T. V. Cable Service, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1956.


Attorney(s) appearing for the Case

Frederick T. Kingdon, Mullens, W. Va., and Herbert Emerson Forrest, Washington, D. C., (Arthur R. Kingdon, Mullens, W. Va., on the brief), for appellants.

Louise Foster, Atty., Dept. of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson and Hilbert P. Zarky, Attys., Dept. of Justice, and Duncan W. Daugherty, U. S. Atty., Huntington, W. Va., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and SOBELOFF, Circuit Judges.


PARKER, Chief Judge.

This is an appeal from a judgment in favor of the United States in a suit by taxpayers to recover excise taxes paid under protest. Taxpayers are partners engaged in operating a community television antenna system at Mullens, West Virginia. The taxes in question were imposed under section 3465(a) (2) (B) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 3465(a) (2) (B) and sections 4251 and 4252(e) of the Internal Revenue Code of 1954, 26...

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