ATTERBURY v. UNITED STATES

No. L-135.

59 F.2d 300 (1932)

ATTERBURY v. UNITED STATES.

Court of Claims.

May 31, 1932.


Attorney(s) appearing for the Case

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

J. A. Rees, of Washington, D. C., and Charles B. Rugg, Asst. Atty. Gen. (J. W. Hussey, of Washington, D. C., on the brief), for the United States.

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


LITTLETON, Judge.

Plaintiff contends that the filing of the return of income, form 1065, was sufficient to start the running of the statute of limitation on its excess profits tax liability, and that therefore the excess profits tax of $15,751.36 for 1918 was collected one month after the expiration of the statute of limitation of five years from the date on which the return of income, form 1065, was filed.

The Commissioner held, and the defendant here contends...

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