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GEORGE S. COLTON ELASTIC WEB CO. v. WHITE

No. 5196.

23 F.Supp. 761 (1938)

GEORGE S. COLTON ELASTIC WEB CO. v. WHITE, Collector of Internal Revenue.

District Court, D. Massachusetts.

May 13, 1938.

Attorney(s) appearing for the Case

Thomas R. Hickey, of Northampton, Mass., and Bennett Sanderson, of Boston, Mass., for plaintiff.

Francis J. W. Ford, U. S. Atty., and Arthur L. Murray, Sp. Asst. to U. S. Atty., both of Boston, Mass., Robert H. Jackson, Asst. Atty. Gen., and Andrew D. Sharpe and J. W. Wideman, Sp. Assts. to Atty. Gen., for defendant.

BREWSTER, District Judge.

This action is brought to recover income and excess profits taxes paid on 1921 income. Jury was waived and the case submitted on an agreed statement of facts. I find the facts to be as stipulated. For present purposes, these facts may be summarized as follows:

The plaintiff returned and paid taxes on 1921 income amounting to $24,184.02. On August 12, 1925 the plaintiff was notified that an additional assessment amounting to $6,217...

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