SECOND NAT. BANK v. UNITED STATES

No. K-38.

42 F.2d 344 (1930)

SECOND NAT. BANK OF SAGINAW v. UNITED STATES.

Court of Claims.

June 16, 1930.


Attorney(s) appearing for the Case

Theodore B. Benson, of Washington, D. C., for plaintiff.

Joseph H. Sheppard, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen. (Charles F. Kincheloe, of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, and WILLIAMS, Judges.


GREEN, Judge.

In the opinion originally filed we held that the Treasury regulation which fixes the day on which the collector receives the check in payment of taxes as the date of payment unless the check is returned dishonored is a reasonable and valid regulation. In the motion for new trial plaintiff's attorney calls attention to another regulation which recites —

"* * * A taxpayer who tenders a certified...

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