Rogan v. Conterno

STEPHENS, Circuit Judge.

A tax was assessed against' defendant-appellee by the Commissioner of Internal Revenue in April, 1940, on wine destroyed by fire in a bonded winery during 1939. The tax was paid under protest and suit was instituted against Nat Rogan, the local Collector of Internal Revenue, for refund. Judgment went for plaintiff and the collector appeals.

The action went to trial upon the first amended complaint and answer thereto, before the court sitting without a jury under appropriate stipulation. The complaint contains two alleged causes of action. The first cause is cast upon…