F.W. Boelter Co. v. United States

OPINION

YOCK, Judge.

This tax refund suit is before the Court on cross-motions for summary judgment. Plaintiff, F.W. Boelter Co., Inc., seeks to recover overpayment of $41,216 plus interest, paid as a result of errors made by plaintiff in the calculation of its LIFO inventory values. Defendant allowed a refund of the overpayments for plaintiff’s tax years 1977 and 1979 through 1981. Plaintiff’s administrative claim requests for tax years 1975, 1976 and 1978 were refused by defendant as barred by the statute of limitations. Plaintiff asserts that the mitigation provisions of the Internal Revenue…