Commissioner of Internal Revenue v. Pacific Mills

WOODBURY, Circuit Judge.

On this petition for review of a decision of the Tax Court of the United States we are concerned with an asserted deficiency of about one and one half million dollars in Pacific Mills’ excess profits tax for the calendar year 1944. The only question necessary for decision in the view we take of the case is the one decided and answered in the affirmative by the Tax Court. That question is whether a payment of something over two million dollars made by the taxpayer on November 22, 1944, to the Office of Price Administration in settlement of claims for overcharges in the…