Floyd v. Scofield, Collector of Internal Revenue

STRUM, Circuit Judge.

This is a suit to recover income taxes alleged to ’have been wrongfully exacted from R. E. Floyd, the original plaintiff, who died during the pendency of the suit and his executors substituted in his stead.

The facts' are that Keystone-Garrett Company, a Texas corporation, was the owner of gas and oil producing properties, the products of which it was engaged in selling to pipe line purchasers. On or about the 20th of each month, the purchaser would remit to said corporation for oil and gas purchased during the preceding calendar month. For income tax purposes, the…