NEWTON v. UNITED STATES

No. 391-55.

163 F.Supp. 614 (1958)

Maurice NEWTON v. UNITED STATES.

United States Court of Claims.

July 16, 1958.


Attorney(s) appearing for the Case

Thomas N. Tarleau, New York City, for plaintiff. Sandow Holman, James R. Zuckerman, and Willkie, Farr, Gallagher, Walton & Fitz Gibbon, New York City, were on the briefs.

David R. Frazer, Washington, D. C., with whom was Asst. Atty. Gen., Charles K. Rice, for defendant. James P. Garland, Washington, D. C., was on the brief.


LARAMORE, Judge.

This is an action to recover income taxes and interest assessed thereon which have been paid by the plaintiff for the years 1945 and 1946. The sole issue presented is whether or not the plaintiff filed timely claims for refund as required by section 322(b) (1) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 322(b) (1). The facts necessary for an understanding and determination of the case are as follows:

In each of the years 1942...

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