Davis v. United States

GREEN, Judge.

Plaintiff brings this suit to recover what he alleges to be an overpayment of income taxes for the calendar year 1920, which were assessed on account of a profit alleged to have been realized in that year through a sale of real estate. The controversy is mainly as to the ultimate facts, and, when these are found, there is no dispute as to the statutory provisions which are applicable in determining the tax. The ease is governed by the Revenue Act of 1926 (44 Stat. 9), which, by its terms, was made retroactive, and under the provisions of this act the Bureau of Internal Revenue…