Burkhard Inv. Co. v. United States

McCORMICK, District Judge.

Plaintiff corporation sues to recover $6,443.95, which it claims to have been an overpayment to the government as its income taxes for the calendar year 1930. Jurisdiction is unquestioned. Return and payment have been regularly made; specific claim for refund has been duly presented, and rejection of such claim has been properly established. It is unnecessary to discuss any matters of accounting, as such have been stipulated in this action.-

Generally speaking, the action is based upon a claim that the taxpayer, being engaged in the real estate business, in making…