Allsen v. South Atlantic S. S. Co.

McCORD, Circuit Judge.

South Atlantic Steamship Company of Delaware, a corporate taxpayer, seeks refund for an overpayment of income taxes for the year 1940 in the amount of $19,-091.18. The Collector admits the overpayment and the amount thereof, but denies that it is recoverable on the ground that the claim for refund was barred by the statutory limitation. Title 26 U.S.C.A. § 322(b) (3).

The pertinent facts were stipulated by the parties, and may be briefly summarized::

On December 28, 1940, the Steamship Corporation filed a tentative income and excess profits tax return for the year 1940,…