Legal Opinion

Graham Mill & Elevator Co. v. Thomas

Court of Appeals for the Fifth Circuit

Decided December 19, 1945No. 11406PublishedCited by 8 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

Appellant’s claim for refund of an additional income tax exacted for the calendar year 1942 was not granted; suit was brought in the district court against the Collector; on the admissions in the pleadings and uncontradicted testimony of witnesses, the judge found the facts and law against appellant, and denied recovery. This appeal followed.

Appellant,. a corporation, was a manufacturer of flour, meal and feed stuffs for cattle and poultry. Before Jan. 1, 1942, and until Oct. 1, 1942, it sold part of its products through four branch establishments in Quanah, San Angelo,…

2Cases cited2 opinions

  1. Levy v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1942
  2. Hercules Motors Corp. v. CommissionerUnited States Board of Tax Appeals · 1939

3Cited by8 opinions

  1. Grace Bros. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1949
  2. United States v. LandrethCourt of Appeals for the Fifth Circuit · 1947
  3. Brubaker v. CommissionerUnited States Tax Court · 1957
  4. Torodor v. CommissionerUnited States Tax Court · 1952
  5. Max Finkel v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1961

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