Factors' & Finance Co. v. United States
United States Court of Claims
This suit is for the recovery of $19,995.44, with interest, representing overpayment of income and profits tax for 1917. Thera is no dispute as to the amount of the overpayment.
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This suit is for the recovery of $19,995.44, with interest, representing overpayment of income and profits tax for 1917. Thera is no dispute as to the amount of the overpayment. The Commissioner of Internal Revenue in his final audit and determination decided the plaintiff had overpaid its 1917 tax in the amount of $32,634.89'. He refunded $12,639.45 tax and $3,028.24 interest paid on November 22, 1923., within four years prior to the determination of the overpayment on or about January 13, 1927. He declined to refund the balance of the overpayment, amounting to $19,995.44, on the ground that…
1Opinion of the Court
LITTLETON, Judge.
The question in this case is whether the original claim for refund could be amended after the expiration of five years from the date when the return for 1917 was due. The defendant agrees that if the claim of February 27, 1923, could be amended before it was decided by the commissioner, the plaintiff is entitled to recover.
The refund claim of February 27, 1923, was timely filed. At that time the audit of the plaintiff’s 1917 return and the matter of its tax liability were being considered by the Commissioner of Internal Revenue, and he had not made a final decision with…
Also in this document: Dissent.
2Cases cited14 opinions
- Old Colony Railroad v. CommissionerSupreme Court of the United States · 1932
- Lewis v. ReynoldsSupreme Court of the United States · 1932
- United States v. Felt & Tarrant Manufacturing Co.Supreme Court of the United States · 1931
- Lynch v. Alworth-Stephens Co.Supreme Court of the United States · 1925
- Tucker v. AlexanderSupreme Court of the United States · 1927
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Blazon, Inc. v. DeLuxe Game Corp.District Court, S.D. New York · 1965
- United States v. MiroCourt of Appeals for the Second Circuit · 1932
- Babetta Schmidt v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1959
- United States v. Humble Oil & Refining Co.Court of Appeals for the Fifth Circuit · 1934
- Electric Power & Light Corp. v. United StatesUnited States Court of Claims · 1932
7 more not listed; retrieve them via the Exa API.