Samuel C. Dysart and Alma R. Dysart v. The United States

LARAMORE, Judge.

This is a suit for the refund of $4,-548.48 collected as a penalty for the year 1954 for an underestimation of income-. *626tax. The government, although it concedes that the imposition of the penalty was erroneous, nevertheless was denied taxpayers’ claim for refund since it has asserted an offset exceeding, the .amount sought due to an alleged income tax deficiency for the year 1954. The .taxpayers, by this motion for summary judgment, seek to strike the government’s setoff. It is also admitted that the statute of limitations bars the Commissioner of Internal Revenue from making…