Myrtus Corp. v. Commissioner of Internal Revenue

Fifth Circuit

Myrtus Corp. v. Commissioner of Internal Revenue

138 F.2d 743, 31 A.F.T.R. (P-H) 816, 1943 U.S. App. LEXIS 2652

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 19, 1943

DocketNo. 10863

StatusPublished

This text of 138 F.2d 743 (Myrtus Corp. v. Commissioner of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Myrtus Corp. v. Commissioner of Internal Revenue, 138 F.2d 743, 31 A.F.T.R. (P-H) 816, 1943 U.S. App. LEXIS 2652 (5th Cir. 1943).

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Opinion

PER CURIAM.

This cause came on to be heard upon the joint stipulation of counsel that the above entitled cause be docketed in this Court, and that said cause be remanded to the Tax Court of the United States, and was submitted to the Court

On consideration whereof, it is now here ordered and adjudged by this Court that the above entitled and numbered cause be remanded to the Tax Court of the United States, with directions to enter an order that there are now overpayments in income and excess profits taxes for the year 1935 in the respective amounts of $268.62 and $97.68, and in income tax for the year 1936 in the amount of $504.90, said payments having been made subsequent to the filing of the petition (Section 809(a) of the Revenue Act of 1938, 26 U.S.C.A.Int.Rev.Acts, page 1151).

It is further ordered that a certified copy of the joint stipulation of counsel to remand and of this judgment be forwarded to the Tax Court of the United States by the Clerk of this Court.

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PER CURIAM.

This cause came on to be heard upon the joint stipulation of counsel that the above entitled cause be docketed in this Court, and that said cause be remanded to the Tax Court of the United States, and was submitted to the Court

On consideration whereof, it is now here ordered and adjudged by this Court that the above entitled and numbered cause be remanded to the Tax Court of the United States, with directions to enter an order that there are now overpayments in income and excess profits taxes for the year 1935 in the respective amounts of $268.62 and $97.68, and in income tax for the year 1936 in the amount of $504.90, said payments having been made subsequent to the filing of the petition (Section 809(a) of the Revenue Act of 1938, 26 U.S.C.A.Int.Rev.Acts, page 1151).

It is further ordered that a certified copy of the joint stipulation of counsel to remand and of this judgment be forwarded to the Tax Court of the United States by the Clerk of this Court.

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Bluebook (online)

138 F.2d 743, 31 A.F.T.R. (P-H) 816, 1943 U.S. App. LEXIS 2652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myrtus-corp-v-commissioner-of-internal-revenue-ca5-1943.