ATLAS MILLING CO. v. JONES

No. 6578.

29 F.Supp. 942 (1939)

ATLAS MILLING CO. v. JONES, Collector of Internal Revenue.

District Court, W. D. Oklahoma.

October 19, 1939.


Attorney(s) appearing for the Case

Paul E. Bradley and Chas. M. Grayston, both of Joplin, Mo., for plaintiff.

Lester L. Gibson, Sp. Asst. to Atty. Gen. (Chas. E. Dierker, U. S. Dist. Atty., and George H. McElroy, Asst. U. S. Dist. Atty., both of Oklahoma City, Okl., on the brief), for defendant.


VAUGHT, District Judge.

This is an action brought by the plaintiff for the recovery of income and excess profits taxes for the year 1933, paid under protest to the defendant, as collector of internal revenue. A jury was waived by written stipulation properly filed.

There is no controversy over the jurisdiction of the court nor the right of the plaintiff to maintain its action. The sole question involved is the construction of chapter 209 of the Revenue Act...

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