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McCOACH v. MINEHILL RAILWAY CO.

No. 670.

228 U.S. 295 (1913)

33 S.Ct. 419

57 L.Ed. 842

McCOACH, COLLECTOR OF INTERNAL REVENUE, v. MINEHILL & SCHUYLKILL HAVEN RAILROAD COMPANY.

Supreme Court of United States.

Decided April 7, 1913.

Attorney(s) appearing for the Case

Mr. Solicitor General Bullitt for petitioner.

Mr. George Wharton Pepper, with whom Mr. Wm. B. Bodine, Jr., and Mr. Eli Kirk Price were on the brief, for respondent.

Mr. E. Parmalee Prentice, Mr. George Welwood Murray and Mr. Charles P. Howland, by leave of the court, filed a brief as amici curioe.

MR. JUSTICE PITNEY delivered the opinion of the court.

The Minehill & Schuylkill Haven Railroad Co., the respondent herein (called for convenience the Minehill Company), sued the petitioner, who is Collector of Internal Revenue at Philadelphia, to recover certain taxes for the years 1909 and 1910 paid under protest by that company under the Corporation Tax Act of 1909. The United States Circuit Court held that the company...

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