Legal Opinion · Dissent

Leisenring v. United States

United States Court of Claims

Decided November 6, 1933No. L—221Published

1DissentLittleton, Judge

If, as the Supreme Court held in the Bonwit Teller Case, the provisions requiring the filing of claims for refund for taxes alleged to have been erroneously or illegally collected do not apply to overpayments of taxes allowed after the allowance is made and a certificate of overassessment is issued and delivered, and the statute of limitation requiring that suits to recover taxes alleged to have been erroneously or illegally collected must be instituted within two years has no application to a suit to recover an overpayment allowed, what limitation except the statute of six years after the…

2Cases cited10 opinions

  1. Toland v. SpragueSupreme Court of the United States · 1838
  2. Bonwit Teller & Co. v. United StatesSupreme Court of the United States · 1931
  3. Newburger-Morris Co. v. . TalcottNew York Court of Appeals · 1916
  4. Daube v. United StatesSupreme Court of the United States · 1933
  5. Volkening v. . DegraafNew York Court of Appeals · 1880

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