Lyddon & Co. (America) Inc. v. United States

MADDEN, Judge.

The plaintiff sues for the recovery of $117,149.20 of excess profits taxes and interest collected from it for its fiscal years 1942, 1943, 1944 and 1945, together with interest thereon. The ground for its motion is that, it asserts, the taxes were never assessed against it, and were collected after the statute of limitations had made assessment impossible. The plaintiff relies on section 3770(a) (2) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 3770 (a) (2), which says:

“Any tax (or any interest, penalty, additional amount, or addition to such tax) assessed or paid after…