McCaughn v. Philadelphia Barge Co.

KIRKPATRICK, District Judge.

The defense most strongly insisted on is based on section 607 of the Revenue Act of 1928 (26 USCA § 2607). That section provides in substance that: “Any tax * * * paid * * * after the expiration of the period of limitation properly applicable thereto shall be considered an overpayment and shall be credited or refunded to the taxpayer. * * * ” The defendant’s position is that if, as a result of this suit, the taxpayer *666should be compelled to pay any money to the government, it would be immediately recoverable as an overpayment under the above section, since both…