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MAHONING COAL R. CO. v. UNITED STATES

No. 14311.

28 F.2d 917 (1928)

MAHONING COAL R. CO. et al. v. UNITED STATES.

District Court, N. D. Ohio, E. D.

July 7, 1928.

Attorney(s) appearing for the Case

S. H. West and C. C. Handy, both of Cleveland, Ohio, for plaintiff.

A. E. Bernsteen, U. S. Atty., and Irene Nungesser, Asst. U. S. Atty., both of Cleveland, Ohio (C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Henry M. Cox, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for the United States.

JONES, District Judge.

This is a suit to recover taxes illegally assessed and collected. The government has demurred to the petition on the ground that the suit was not brought within the time limited for the commencement of such actions, as provided by section 3226 of the Revised Statutes, 26 USCA § 156. This section provides that suits of this character may not be commenced after the expiration of 5 years from the date of the payment of the tax, unless the...

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