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DE LONG v. ALLEN

No. 305-M.

79 F.Supp. 719 (1948)

DE LONG v. ALLEN, Collector of Internal Revenue.

United States District Court M. D. Georgia Macon Division.

May 28, 1948.

Attorney(s) appearing for the Case

Wheeler, Robinson & Thurmond, of Gainesville, Ga., for plaintiff.

Theron Lamar Caudle, Asst. to Atty. Gen., Andrew D. Sharpe and Homer R. Miller, Sp. Assts. to Atty. Gen., and John P. Cowart, U. S. Atty., and T. Reese Watkins, Asst. to U. S. Atty., both of Macon, Ga., for respondent.

RUSSELL, District Judge.

This is a suit by F. W. DeLong, Sr., seeking recovery of $4,365.61, plus interest, alleged to have been wrongfully assessed and collected because of rejection by the Commissioner of Internal Revenue of the Complainant's individual return for the taxable year 1941 upon the ground that the complainant had returned only one-fifth of the income of his business, when actually he was taxable upon the entire income.

Findings of Fact.

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