Industrial Development Corp. v. United States

HOFFMAN, District Judge.

The plaintiff, an Illinois corporation, has sued under Section 1346 of the Judicial Code, 28 U.S.C. § 1346, to recover interest which it is claimed the government wrongfully withheld in the settlement of the plaintiff’s tax liability for fiscal years ending in 1944 and 1945. Both the taxpayer and the United States have moved for summary judgment.

The facts are not disputed. On March 21, 1950, the Commissioner of Internal Revenue mailed a notice of deficiency to the plaintiff, proposing deficiencies in income tax, excess profits tax, and declared value excess profits tax…