LITTLETON, Judge.
The question in this case is whether the original claim for refund could be amended after the expiration of five years from the date when the return for 1917 was due. The defendant agrees that if the claim of February 27, 1923, could be amended before it was decided by the commissioner, the plaintiff is entitled to recover.
The refund claim of February 27, 1923, was timely filed. At that time the audit of the plaintiff's 1917 return and the...
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