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JOHNSON v. UNITED STATES

No. 44025.

39 F.Supp. 103 (1941)

JOHNSON v. UNITED STATES.

Court of Claims.

June 2, 1941.

Attorney(s) appearing for the Case

Kelly Kash, of Washington, D. C. (R. H. McNeill, of Washington, D. C., and J. Y. Jordan, Jr., of Asheville, N. C., on the brief), for plaintiff.

Daniel F. Hickey, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and MADDEN, JONES, WHITAKER, and LITTLETON, Justices.

WHALEY, Chief Justice.

This is a suit for the recovery of income tax for the years 1934 and 1935. Recovery is sought not only on the ground of an alleged excessive amount of income determined by the Commissioner of Internal Revenue for these years but also on the ground that the Commissioner improperly exacted a fraud penalty from plaintiff.

During the years 1934 and 1935, and for some time prior thereto, plaintiff operated a billiard room in Asheville, North...

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