HARTWELL-MILLS v. ROSE


53 F.2d 117 (1931)

HARTWELL-MILLS v. ROSE, Internal Revenue Collector.

District Court, N. D. Georgia, Atlanta Division.

July 23, 1931.


Attorney(s) appearing for the Case

Anderson, Rountree, Crenshaw & Hansell, of Atlanta, Ga., for plaintiff.

C. P. Goree, Asst. U. S. Atty., of Atlanta, Ga., for defendant.


UNDERWOOD, District Judge.

The plaintiff sues to recover in this case solely because the additional taxes assessed were paid to the collector after the statutory period for their collection had passed.

It contends that the question as to whether or not it really owed the taxes paid by it is immaterial and cannot be investigated, and that it is entitled to recover the full amount as an overpayment, regardless of the merits of the case, merely because the government...

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