UNITED STATES v. HOVER

No. 16106.

268 F.2d 657 (1959)

UNITED STATES of America, Appellant, v. Herbert D. HOVER, Doing Business as Ciro's Appellee.

United States Court of Appeals Ninth Circuit.

June 15, 1959.


Attorney(s) appearing for the Case

Charles K. Rice, Asst. Atty. Gen., Davis W. Morton, Jr., Lee A. Jackson, Robert N. Anderson, Louise Foster, Attorneys, Department of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Edward R. McHale, Asst. U. S. Atty., Los Angeles, Cal., for appellant.

Ernest R. Mortenson, Pasadena, Cal., for appellee.

Before STEPHENS, CHAMBERS and BARNES, Circuit Judges.


BARNES, Circuit Judge.

This is an appeal involving alleged deficiencies in cabaret taxes assessed against the taxpayer, for the period June 1, 1951 to March 31, 1955, in the amount of $67,660.62. In 1956 taxpayer paid $300 of such assessment and filed a timely claim for refund of such amount. The claim was rejected by the District Director. The taxpayer then filed suit in the district court for refund of the taxes paid. The United States answered the complaint, and...

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