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FOSTER BOX BOARD CO. v. CLARKE

Nos. 1354, 1355.

7 F.Supp. 682 (1934)

FOSTER BOX BOARD CO. v. CLARKE, Collector of Internal Revenue. SAME v. BREWSTER, Collector of Internal Revenue.

District Court, N. D. New York.

April 4, 1934.

Attorney(s) appearing for the Case

Knowlton Durham, of New York City (A. De Witt Sumner, of New York City, of counsel), for plaintiff.

Oliver D. Burden, U. S. Atty., of Syracuse, N. Y. (Henry R. Follett, Asst. U. S. Atty., of Syracuse, N. Y., and C. M. Charest, Gen. Counsel, Bureau of Internal Revenue, and Henry C. Clark and Herbert S. Fessenden, Sp. Attys., Bureau of Internal Revenue, all of Washington, D. C., of counsel), for defendants.

BRYANT, District Judge.

The above actions are for recovery of sums paid under income tax assessments for the years, 1917, 1918, 1919, and 1920. During the period Clarke succeeded Brewster as collector. Some of the sums in dispute were paid to each collector; the reason for the two suits. A jury was waived, and the two actions were ordered for trial together.

Defendant, in each case, questions the timeliness and sufficiency of the claims for refund filed by...

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