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BARR v. UNITED STATES

No. 15501.

337 F.2d 693 (1964)

Samuel W. BARR, Plaintiff-Appellant, v. UNITED STATES of America and Arthur W. Moss, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

October 28, 1964.

Attorney(s) appearing for the Case

David M. Fried, Detroit, Mich., Samuel W. Barr, Detroit, Mich., in pro. per., on brief, for appellant.

Jonathan S. Cohen, Department of Justice, Washington, D.C., Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner, Earl J. Silbert, Attys., Department of Justice, Washington, D.C., on brief; Lawrence Gubow, U. S. Atty., Robert F. Ritzenhein, Asst. U. S. Atty., Detroit, Mich., of counsel, for appellees.

Before PHILLIPS and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

EDWARDS, Circuit Judge.

Plaintiff-appellant in this tax refund case seeks to recover $2,169.53, plus interest, which had been paid in satisfaction of certain taxes owed by a corporation known as Orient Recreation Company. The taxes were owed under federal statutes providing for employee withholding taxes. The suit is brought under Title 28 U.S.C. § 1346(a) (1) authorizing suits by taxpayers for taxes erroneously or illegally paid. The taxes were paid under protest...

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