Oertel Co. v. Glenn

HAMILTON, District Judge.

This case is submitted on demurrer to plaintiff’s petition. It is a suit against the collector of internal revenue by the Oertel Company, a corporation, to recover an alleged overpayment of income and excess profits taxes for the calendar year 1933. In substance, the action grows out of the following facts;

On July 13, 1933, the plaintiff filed with the collector its capital stock tax return for the year ending June 30, 1933, showing the total value of its outstanding capital stock to be $78,104.84, which was its book value.

On September 1, 1933, before the time had…