New York Life Insurance Company v. United States

FRIEDMAN, Senior Circuit Judge.

The question on the merits is whether money remitted to the Internal Revenue Service (the Service) constituted a “deposit” or a “payment” of taxes. If a deposit, the taxpayer is entitled to recover it; if a payment, the taxpayer can recover the money only after it files a claim with the Service for the return of an “overpayment.” The Court of Federal Claims held that it had jurisdiction over this suit for recovery of the remitted money and that the remittance was a deposit, which the taxpayer was entitled to recover. We affirm both rulings.

I

In computing its…