Every evening, Wilmington daily commercial., 1922-03-04

OF October. 1915. 1894 shares OF the
common stock OF the Delaware COM
pnny In accordance with the circum-
stances above set forth and. further.
that snid stock on that day wns OF the
fair value of S347,50 per share. and
that therefore afiinnt had received $780,
2as. 06b Of personal income In the year
1916 I'm addition to Tho income shown
upon the return filed by aiiinnt ns
aforesaid. Af'iant claims that the
commissioner had no power In law To
make the notice and demand upon
aniant for the payment Of the addi-
tional tax aforesaid. and that the
commissioner acted without warrant
OF law.
mo suit or proceeding has been be-
gun against nlllant for tho collection
of any additional income tax for the
year 1915. and he has not consented
I'm writing or otherwise To any deter
minntion, assessment and collection ol
any additional income tax upon hin
for the year 1915. AfIiant therefor,
claims that any claim of addltiona
income tax for tho year 1915 Is under
the provision Of the act aforesaid %
] NONtl1lif1 lVsit ntllfu Hlifl NV
years from the first day of March
1916. the day upon which his return
for 1915 was flied. and that no sui
or provision can be begun agalns
him for the collection thereof after tn,
first day of March. 1921.
II du Pont suit
"Afliant further claims that nm,
tax for which he was liable on account
OF net income accruing To him for III,
year 1915 WAS due and payable ON oI
! before the first day of June, 1915, an,
that he has not been guilty Of frau,
with intent to evadc tax nor has h,
been guilty Of 'wilful attempt In an,
manner to defeat or evade tax; an,
that no suits or proCeedlngs' wcr
begun against him for the collection
of any additional income tax for tn
, year 1918 ut the time of the pasRag
, Of The Revenue act of 1921 approve
: November o. 1921 and. therefore. h
: claims that any suit or proceeding
:, by the Commissioner OF Internal Rev
Cnue ar tho Collector of Internal Rev
. cnue for the District of Dclawar
o against him FOR additional income tn
, FOR the year 1915 is forever barred h
the provisions aforesaid Of the act ,
1921
y THAT the Collector of Internal Rev
20 cnue for the District of Delaware II
e. tends to proceed by dstralnt or other
9 wise tu collect from aiIiant the 81
u b7G.0lb.S6 referred Ia I'm the notice an
4 demand of December 81. 1919, and tn,
To- the said collector will proceed to 60
20 lcCt the same Ivy distress and sale
atlantis lands and freehold IN the dii
% trict of Delaware, and that said d.
4 mand on the part of the Commission,
Il Of Internal Revenue constitutes
" cloud upon the lands and freehold
y aiiiant situate I'm BrRudywine hundr,
Il New Castle county. Delaware: and tn
L &c the commissioner proceeds 10 &c
10 lcCt said demand by distress and 50
VI III atlantis lands and freehold that Il
@ loss Of his said freehold by means
K "A tax sale would be irreparable dar
h age 20 atllant. That by reason uf Il
- long delay on the part OF the Con
lc missioner of Internal Rotcnuc the -
10 53a shares Of common stock of Il
~ Delaware company received by anna
lc ON October I. 1915. aud now held
- aiIiapt arc not salablc. that no ma
'e ket can AZ prcSen, hc found for M
Id stock. and that aniant will he unai
by the use of said stock To secure (
~ money to prevent the sale uf his frc
a hold estate upon such distralut.