International Curtis Marine Turbine Co. v. United States
United States Court of Claims
1. The plaintiff is a corporation which filed its income and excess profits tax returns for the year 1917 on April 30, 1918, in accordance with the facts as it believed them to exist, reporting a tax thereon of $26,338.18. On April 29, 1918, plaintiff voluntarily paid said tax, without protest.
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1. The plaintiff is a corporation which filed its income and excess profits tax returns for the year 1917 on April 30, 1918, in accordance with the facts as it believed them to exist, reporting a tax thereon of $26,338.18. On April 29, 1918, plaintiff voluntarily paid said tax, without protest. In the income tax return plaintiff deducted the sum of $120,000 from its gross income for depreciation of certain of its property. 2. The returns so made for 1917 were audited by the Commissioner of Internal Revenue, and as a result of said audit the Commissioner denied plaintiff the right to deduct…
1Opinion of the Court
GREEN, Judge.
This suit is brought to recover $19,920.06, together with interest, it being alleged in substance that this sum was overpaid by plaintiff on its 1917 taxes by reason of the failure of the Commissioner to allow the proper amount of depreciation sustained by the corporation upon its patents and contracts. No question is raised as to the overpayment, but defendant claims that heretofore, in another suit begun in this court in which the same subject-matter was involved and at issue, the plaintiff recovered a judgment by reason of which the amount due it as a refund for overpayment of…
2Cases cited5 opinions
- United States v. Felt & Tarrant Manufacturing Co.Supreme Court of the United States · 1931
- Electric Storage Battery Co. v. McCaughnDistrict Court, E.D. Pennsylvania · 1931
- Kaltenbach v. United StatesUnited States Court of Claims · 1929
- Warner-Patterson Co. v. United StatesUnited States Court of Claims · 1929
- Osborn v. United StatesUnited States Court of Claims · 1931
3Cited by18 opinions
- Nager Electric Company, Inc. And Keystone Engineering Corporation v. The United StatesUnited States Court of Claims · 1966
- Union Pacific Railroad Company v. The United StatesUnited States Court of Claims · 1968
- Standard Lime and Cement Company (Formerly Known as the Standard Lime and Stone Company) v. The United StatesUnited States Court of Claims · 1964
- Blackfeet & Gros Ventre Tribes of Indians v. United StatesUnited States Court of Claims · 1954
- United States v. C. C. Clark, Inc.Court of Appeals for the Fifth Circuit · 1947
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