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STERLING WHOLESALE GROCERY CO. v. UNITED STATES

No. 281.

45 F.2d 227 (1930)

STERLING WHOLESALE GROCERY CO. v. UNITED STATES.

District Court, N. D. Illinois, W. D.

October 16, 1930.

Attorney(s) appearing for the Case

Robert W. Besse, of Sterling, Ill. and E. W. Wallick, of Washington, D. C., for plaintiff.

George E. Q. Johnson, U. S. Atty., of Chicago, Ill., J. W. Hussey, Sp. Atty., Bureau of Internal Revenue, of Washington, D. C., and J. P. Barnes, Sp. Atty. Bureau of Internal Revenue, of Chicago, Ill., for the United States.

WOODWARD, District Judge.

Plaintiff, by this action, seeks to recover income and excess profits taxes for the year 1918. The plaintiff bases its right of recovery solely on the ground that the taxes were collected after the statutory period of limitation.

The following schedule of important dates is helpful:

June 10, 1919 — Tax return filed and amount of tax shown by return paid, viz. $7,315.59.

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