Baltimore & O. R. v. United States

WILLIAM C. COLEMAN, District Judge.

This is a suit for the refund of income taxes paid by the plaintiff for the year 1924 in the amount of $275,337.36, with interest, which, since it is computable under the statute (26 U.S.C.A. Int.Rev.Code, § 3771) at six per cent for a period of more than fifteen years, amounts to $250,648.78, and approaches, therefore, in amount, the claim itself. The Government does not deny the fact of this over-payment, but resists the refund solely upon the ground that the time within which these taxes might have been refunded has expired except to the extent of…