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AMERICAN FISHERMEN'S TUNA BOAT ASS'N v. ROGAN

Civ. No. 169.

51 F.Supp. 933 (1943)

AMERICAN FISHERMEN'S TUNA BOAT ASS'N v. ROGAN, United States Collector of Internal Revenue for Sixth Collection District of California.

District Court, S. D. California, S. D.

July 13, 1943.

Attorney(s) appearing for the Case

Gray, Cary, Ames & Driscoll and J. G. Driscoll, all of San Diego, Cal., for plaintiff.

Leo V. Silverstein, U. S. Atty., E. H. Mitchell, Asst. U. S. Atty., Edward J. O'Connor, Asst. U. S. Atty., and Eugene Harpole, Sp. Atty., Bureau of Internal Revenue, all of Los Angeles, Cal., for defendant.

HOLLZER, District Judge.

This is a suit to recover income and excess profits taxes paid by plaintiff for the years 1933 and 1936 to 1940, inclusive. It is asserted that these taxes have been collected illegally and that refund thereof has been refused by the Commissioner of Internal Revenue.

As stated by counsel for the government, but one issue is involved. That question is whether during the years mentioned the...

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