Lynch v. Alworth-Stephens Co.

Mr. Justice .Sutherland

delivered the opinion of the Court.

The federal income tax return made by respondent (a corporation organized in the United States) for thé year 1917 showed the sum of $10,253.21 due the government for income and excess war profits taxes for that year; and this amount was paid. Thereafter, the Commissioner of Internal Revenue assessed respondent with an additional tax of $17,128.44, which respondent ,was forced to pay and did pay under protest, and to recover which this action was brought against E-. J. Lynch, a collector of internal revenue, to whom the payment had been…