WESTERN WHEELED SCRAPER CO. v. UNITED STATES

No. 5082.

72 F.2d 487 (1934)

WESTERN WHEELED SCRAPER CO. v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

July 16, 1934.


Attorney(s) appearing for the Case

John E. Hughes, of Chicago, Ill., for appellant.

Dwight H. Green, U. S. Atty., of Chicago, Ill., and Sewall Key and Samuel E. Blackham, Sp. Assts. to Atty. Gen.

Before EVANS, SPARKS, and FITZHENRY, Circuit Judges.


FITZHENRY, Circuit Judge.

Appellant sued the United States in assumpsit to recover an overpayment of income and profits tax for the year 1920, amounting to $57,894.07, which the United States Board of Tax Appeals had found appellant had made for that calendar year. The order of the Board of Tax Appeals had become final, thereby conclusively determining that appellant had made this overpayment. The only defense interposed was the statutes of limitations contained in...

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