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McDONNELL v. UNITED STATES

No. L-14.

59 F.2d 295 (1932)

McDONNELL et al. v. UNITED STATES.

Court of Claims.

May 31, 1932.

Attorney(s) appearing for the Case

Robert Ash, of Washington, D. C., for plaintiffs.

J. W. Hussey, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen., for the United States.

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

LITTLETON, Judge.

This suit was instituted by the former partners of the dissolved partnership of McDonnell & Truda to recover $29,748.40, being excess profits tax of $24,863.28 for the calendar year, and interest of $4,885.12 thereon paid September 29, 1926. Refund claims were timely filed and were rejected within two years immediately preceding institution of this suit. It is alleged that the tax and interest were collected after the expiration of the statute...

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