Peerless Woolen Mills v. Rose

BRYAN, Circuit Judge.

This suit was brought by appellant to enjoin appellee, as collector of internal revenue, from proceeding to sell some of its property which he had levied upon under a warrant of distraint against it to enforce collection of income and excess profit taxes for the fiscal year ending June 36, 1919.

On September 15, 1919, appellant filed a return under section 361 of the Revenue Aet of 1918 (46 Stat. 1689), showing a tax liability of $116,636.58, but attached to this return a letter claiming that the tax should be calculated under sections 327 and 328 of that act, in order…