MICHEL v. UNITED STATES

Nos. 141, 142.

37 F.2d 38 (1930)

MICHEL v. UNITED STATES. KRIEGER v. SAME.

Circuit Court of Appeals, Second Circuit.

January 6, 1930.


Attorney(s) appearing for the Case

Donald Horne, of New York City, for plaintiffs-appellants.

Charles H. Tuttle, U. S. Atty., of New York City (Leon E. Spencer, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The question before us is the effect to be given to the provision of the statute that the Commissioner of Internal Revenue shall within ninety days after the disallowance of a claim to refund taxes notify the taxpayer thereof by mail.

If the words directing notice amount to no more than a regulation for the promotion of efficient administration and are not a requirement for the protection...

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