Gooch Milling & Elevator Co. v. United States

LITTLETON, Judge.

By order entered May 3, 1948, plaintiff’s motion for a new trial was allowed and the findings of fact, conclusion of law and opinion, filed February 2, 1948, 75 F.Supp. 474 were vacated and withdrawn.

Plaintiff sues under the provisions of Section 820 of the Revenue Act of 1938, 52 Stat. 447, 581-583, § 3801, Internal Revenue Code, 26 U.S.C.A.Int.Rev.Code, § 3801, to recover $7,935.58, with interest, overpayment of income tax for the fiscal year ending June 30, 1935. This overpayment, which is admitted, resulted from the erroneous valuation of inventories and the resulting…