Wm. J. Friday & Co. v. United States

McVICAR, District Judge.

This is an action to recover part of an overpayment of .taxes by plaintiff, taxpayer, to defendant. The case is before us on defendant’s demurrer to plaintiff’s petition.

The facts alleged in the petition are to be deemed true in consideration of the question now before us. Plaintiff, March 15, 1920, filed its income and profits tax return for the calendar year 1919, which showed a tax due from plaintiff of $24,494.27, which it paid in 1920. The Commissioner of Internal Revenue, after an audit of plaintiff’s' books and accounts by him, found that plaintiff, for the year…