MAGEE v. UNITED STATES

No. J-675.

37 F.2d 763 (1930)

MAGEE v. UNITED STATES.

Court of Claims.

January 20, 1930.


Attorney(s) appearing for the Case

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

Lisle A. Smith, of Washington, D. C., and Herman J. Galloway, Asst. Atty. Gen., for the United States.

Argued before BOOTH, Chief Justice, and WILLIAMS, LITTLETON, GRAHAM, and GREEN, Judges.


GREEN, Judge.

This is a suit begun to recover $47,871.03, upon a claim for refund of taxes filed by the plaintiff on December 12, 1927, and rejected by the Commissioner of Internal Revenue.

The facts in the case are not in dispute. Plaintiff filed his individual income tax return for the calendar year 1916 with the collector of internal revenue, and paid the amount shown to be due by the return in 1917. Thereafter, the Commissioner of Internal Revenue audited...

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