BELBER TRUNK & BAG CO. v. UNITED STATES

No. 16874.

6 F.Supp. 938 (1933)

BELBER TRUNK & BAG CO. v. UNITED STATES.

District Court, E. D. Pennsylvania.

January 26, 1933.


Attorney(s) appearing for the Case

Chase Morsey, of St. Louis, Mo., and Milton H. Belber and Robert T. McCracken, both of Philadelphia, Pa., for plaintiff.

Thomas J. Curtin, Asst. U. S. Atty., and Edward W. Wells, U. S. Atty., both of Philadelphia, Pa., and Ralph E. Updike, Atty. in General Counsel's Office, and E. Barrett Prettyman, Gen. Counsel, Bureau of Internal Revenue, both of Washington, D. C., for the United States.


KIRKPATRICK, District Judge.

This is a suit to recover an alleged overpayment, amounting to $60,016.86, of income and excess profits taxes for the taxable year 1918. The tax was assessed and paid after the expiration of the statutory period of limitation, and the plaintiff bases its claim upon section 607 of the Revenue Act of 1928 (26 USCA § 2607), which provides that any tax assessed after such time shall be considered an overpayment.

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