STANTON v. UNITED STATES

No. 329, Docket 25569.

268 F.2d 727 (1959)

Alden D. STANTON and Louise M. Stanton, Appellees, v. UNITED STATES of America, Appellant.

United States Court of Appeals Second Circuit.

Decided July 6, 1959.


Attorney(s) appearing for the Case

Howard Heffron, New York City (Cornelius W. Wickersham, Jr., U. S. Atty., Lloyd H. Baker, Asst. U. S. Atty., Brooklyn, N. Y., Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, James P. Turner, Attys. Dept. of Justice, Washington, D. C., on the brief), for appellant.

Clendon H. Lee, New York City, O'Connor & Farber, New York City, for appellees.

Before HAND, SWAN and HINCKS, Circuit Judges.


HAND, Circuit Judge.

The plaintiffs sue to secure a refund of $15,056.29 representing income taxes (principal and interest) paid for the year 1943, which they allege were illegally collected. In 1933 or 1934 the plaintiff, Mr. Stanton, had been retained to manage the real property of Trinity Church in New York. Trinity Operating Company, Inc. was organized to take over this work and Mr. Stanton became its president and a member of its board of directors. Although...

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