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DODGE BROS. v. UNITED STATES

Nos. 6406, 6424, 6425, 6431.

33 F.Supp. 312 (1940)

DODGE BROS., Inc., v. UNITED STATES.

District Court, D. Maryland.

May 22, 1940.

Attorney(s) appearing for the Case

Larkin, Rathbone & Perry, John W. Drye, Jr., and T. R. Iserman, all of New York City, Hershey, Donaldson, Williams & Stanley, Albert E. Donaldson, Raymond S. Williams, and Richard W. Emory, all of Baltimore, Md., for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe, Milford S. Zimmerman, and Arthur L. Jacobs, Sp. Assts. to Atty. Gen., and Bernard J. Flynn, U. S. Atty., and G. Randolph Aiken, Asst. U. S. Atty., both of Baltimore, Md., for defendant.

CHESNUT, District Judge.

In these four suits the plaintiff, Dodge Brothers, Inc., a Maryland corporation heretofore engaged in the manufacture and sale of automobiles, is seeking recovery of alleged overpayments of income taxes for the years 1925 to 1928, both inclusive. Different amounts are claimed for the several years but the aggregate is $2,366,630.72 with interest. The contention of the plaintiff is that the overpayments resulted from the refusal of the Commissioner...

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