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VIRGINIA ELECTRIC & POWER CO. v. EARLY

No. 126.

52 F.Supp. 835 (1943)

VIRGINIA ELECTRIC & POWER CO. v. EARLY, Collector of Internal Revenue.

District Court, E. D. Virginia, Richmond Division.

September 23, 1943.

Attorney(s) appearing for the Case

T. Justin Moore, George D. Gibson, and Richard W. Emory, all of Richmond, Va., for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharpe and Homer R. Miller, Sp. Assts. to the Atty. Gen., and Sterling Hutcheson, U. S. Atty., and George R. Humrickhouse, Asst. U. S. Atty., both of Richmond, Va., for defendant.

POLLARD, District Judge.

This is a civil action to recover federal income taxes for the calendar year 1934 assessed against the plaintiff, Virginia Electric and Power Company, and paid under protest to the defendant, N. B. Early, Jr., who then was and now is Collector of Internal Revenue for the District of Virginia. This court has jurisdiction of the action by virtue of Section 41(5) of Title 28 U.S.C.A.

The issues present three legal questions of federal...

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