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PAULSON v. UNITED STATES

Nos. 1188, 1189.

78 F.2d 97 (1935)

PAULSON v. UNITED STATES. HOLDEN v. SAME.

Circuit Court of Appeals, Tenth Circuit.

June 14, 1935.

Attorney(s) appearing for the Case

Glenn Porter, of Wichita, Kan. (H. W. Hart, Enos E. Hook, and Getto McDonald, all of Wichita, Kan., on the brief), for appellants.

Warren F. Wattles, of Washington, D. C. (Frank J. Wideman, Asst. Atty. Gen., Sewall Key, Frank J. Ready, Jr., and Lester L. Gibson, Sp. Assts. to the Atty. Gen., and Summerfield S. Alexander, U. S. Atty., and R. T. McCluggage, Asst. U. S. Atty., both of Topeka, Kan., on the brief), for the United States.

Before LEWIS, McDERMOTT, and BRATTON, Circuit Judges.

BRATTON, Circuit Judge.

These separate actions were instituted to recover the respective amounts erroneously paid to appellants as refunds of income taxes. Section 610 of the Revenue Act of 1928 (26 USCA § 2610) provides that a suit of this kind must be brought within two years after the making of such a refund or before May 1, 1928, whichever is later. The amendment of May 10, 1934 (48 Stat. 756, § 502 (a), 26 USCA...

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