United States v. Homecrest Tract

BONE, Circuit Judge.

Appellee brought an action in the district coprt for the recovery of income, excess profits, defense and capital stock taxes covering the taxable years 1938 to 1941 which it asserts were erroneously and illegally assessed and collected by appellant. The complaint contained seven separate causes of action, each based upon the same set of facts save as to 'the year and the kind and amount of' the tax paid. The action was submitted to the court below on a written stipulation of facts (to which were attached certain exhibits being copies of a trust agreement and supplement…