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ROYAL THEATRE CORPORATION v. UNITED STATES

Nos. 4915, 4916.

66 F.Supp. 301 (1946)

ROYAL THEATRE CORPORATION, Inc., v. UNITED STATES. FITE BROS. THEATRE CO. v. UNITED STATES.

District Court, D. Kansas, First Division.

May 2, 1946.

Attorney(s) appearing for the Case

Deputy G. Warrick, Paul G. Koontz, and Leland Hazard, all of Kansas City, Mo., and Angus Roy Shannon, Jr., of Chicago, Ill., for plaintiffs.

Andrew D. Sharpe and Harold D. Cohen, Sp. Assts. to the Atty. Gen., Randolph Carpenter, of Topeka, Kan., U. S. Atty. for the District of Kansas, and Eugene W. Davis, of Topeka, Kan., Asst. U. S. Atty. for the District of Kansas, for defendant.

HELVERING, District Judge.

These are consolidated actions for refund of social security taxes and interest thereon paid for the years 1937 through 1940, together with interest from the dates of payment.

For a number of years prior to 1932, W. D. Fite and his brother, as partners, had operated the Kansas Theatre in Kansas City, Kansas. W. D. Fite, as an individual, operated the Royal Theatre in Salina, Kansas. In January of 1932 the two brothers organized,...

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