Maroosis v. Smyth, Collector of Internal Revenue

STEPHENS, Circuit Judge.

On May 1, 1944, in conformity with Title 26 U.S.C.A. § 2800(k), 1 which imposes floor stock taxes on distilled spirits, the taxpayer herein, Nick W. Maroosis, filed his return and paid the taxes in accordance therewith to James G. Smyth, United States Collector of Internal Revenue for the district. The return reported 1330.36 proof gallons of distilled spirits on hand on April I, 1944, the tax date. The Collector found an underdeclaration of floor stocks and fraud in the return, readjusted the tax due upward and assessed a penalty. The taxpayer paid in accordance with…