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VAN ANTWERP v. UNITED STATES

No. 19799-R.

17 F.Supp. 229 (1936)

VAN ANTWERP v. UNITED STATES.

District Court, N. D. California, S. D.

September 21, 1936.

Attorney(s) appearing for the Case

Pillsbury, Madison & Sutro, Eugene Bennett, Felix Smith, and Douglas Erskine, all of San Francisco, Cal., for plaintiff.

H. H. McPike, U. S. Atty., and Esther B. Phillips, Asst. U. S. Atty., both of San Francisco, Cal.

ROCHE, District Judge.

Plaintiff taxpayer, William C. Van Antwerp, sues for a refund of $62,690.09 income tax paid for the calendar year 1928. His tax return for that year disclosed a tax due of $5,981.88 which was paid without dispute. An audit by a government agent in 1930 revealed a deficiency ($58,124.55 tax and $4,565.54 interest) which was collected in 1931 by distraining without notice of deficiency as required by section 272(a) of the 1928 Revenue Act (26...

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