American Light & Traction Co. v. Harrison

KERNER, Circuit Judge.

Plaintiff brought this action to recover $251,053.55 in income taxes admittedly overpaid for 1933. Although he admitted every allegation of fact contained in plaintiff’s complaint, defendant endeavored to defeat recovery by affirmatively pleading that plaintiff had underpaid its taxes for 1928 by $342,180.50, the collection of which was barred by the statute of limitations. On being submitted to the court on a stipulation of facts, judgment was rendered for plaintiff. To reverse this judgment, defendant appeals.

The only issue here is whether plaintiff is entitled to…