Denver Rock Drill Mfg. Co. v. United States

LITTLETON, Judge.

Plaintiff sues to recover $18,455.81, being the difference between the income and profits tax paid for the fiscal years ending March 31, 1914 to 1918, inclusive, and for the fiscal years 1920 and 1921, and the tax computed for those years on the basis of adequate deductions from gross income for depreciation of properties used in its business. It bases its right to recover these overpayments upon the provisions of section 284 (c) of the Revenue Aet of 1926 (26 USCA § 1065 (c), which provides that under certain circumstances overpayments resulting from the failure to take…