Candler v. Rose

HUTCHESON, Circuit Judge.

Rose v. Dobbs (C.C.A.) 36 F.(2d) 4641 was, as this one is, a suit by a stockholder of the Coca-Cola Company to recover back income taxes overpaid for the year 1917. Candler, as the holder of 20 shares in that year received, as Dobbs as the holder of 23 shares did, his proportionate part of the distributions the company made, under authority of the resolution of January 18, 1917.2 In the Dobbs Case the District Judge found: (1) That “on the close of the books of the company, as of December 31, 1916, it appeared that there were in fact no profits made during the year…