Daniels & Fisher Stores Co. v. United States

GREEN, Judge.

This suit is commenced to recover an overpayment in income and profits tax arising out of a loss alleged to have been sustained by the plaintiff in connection with four city lots in Denver, Colo.

The petition states the cause of action in the alternative, alleging first an overpayment in the taxes of 1918, and next stating that, if it is not entitled to recover for an overpayment in 1918, it is entitled to recover for the year 1919. We do not think the plaintiff is entitled to recover on the basis of an overpayment in either year for several reasons, only part of which will be…