Abe M. Katz Co. v. United States

ALLRED, District Judge.

Action to recover interest paid on excess profits tax deficiency, brought under Sections 1340, 1346, of the Judicial Code, 28 U.S.C.A. Both plaintiff and defendant have made motions for summary judgment upon the pleadings.

For the fiscal year beginning September 1, 1942 and ending August 31, 1943, plaintiff had an' excess profits tax deficiency in the sum of $38,482.19.

On February 14, 1944, plaintiff paid as excess profits tax $74,258.61, deferring, under Section 710(a) (5), of the Internal Revenue Code, 26 U.S.C.A. § 710(a) (5), payment of the balance, $38,482,19.

Thereaf…