United States v. Botany Worsted Mills

MARIS, Circuit Judge.*

This is an appeal by the United States from a judgment entered against it by the District Court for the District of New Jersey in a suit brought by Botany Worsted Mills to recover interest claimed to be due upon a refund of income tax made to the plaintiff in 1931. .

The plaintiff filed its income and profits tax return for the fiscal year ended November 30, 1918, and paid the taxes shown to be due thereon in quarterly installments, the last of these being paid on December 15, 1919. Thereafter the Commissioner of Internal Revenue determined that the plaintiff had overpaid…