Woolner Distilling Co. v. United States

ALSCHULER, Circuit Judge.

The appeal is from a judgment against appellant for money alleged to have been paid it by appellee through mistake.

The facts appear by stipulation. April 1, 1918, appellant’s subsidiary filed with the United States Collector of Internal Revenue at Pittsburgh, Pa., its income and profits tax return showing $2,457.96 due for 1917, which tax was assessed accordingly. October 9, 1918, the taxpayer filed through the collect- or’s office a claim for abatement of that assessment, which claim the Commissioner of Internal Revenue rejected December 26, *2291922; but tbe tax…