NATIONAL PARK BANK OF NEW YORK v. UNITED STATES


33 F.2d 1006 (1929)

NATIONAL PARK BANK OF NEW YORK v. UNITED STATES.

District Court, S. D. New York.

February 19, 1929.


Attorney(s) appearing for the Case

Barry, Wainwright, Thacher & Symmers, of New York City, for plaintiff.

Charles H. Tuttle, of New York City, for the United States.


MACK, Circuit Judge.

In my judgment the motion to dismiss must be granted. The petition sets forth a conclusion of law that a large amount has been overpaid to the government as and for the taxes for the year 1918. It then sets forth in substance the basis for this conclusion, by alleging that on advice of the Department itself a claim for refund was duly filed with the Commissioner of Internal Revenue. The terms of this claim are not fully set out but in so far as...

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