UNITED STATES v. CARPENTER

No. 1315.

84 F.2d 813 (1936)

UNITED STATES v. CARPENTER.

Circuit Court of Appeals, Tenth Circuit.

July 11, 1936.


Attorney(s) appearing for the Case

Harry Marselli, Sp. Asst. to the Atty. Gen. (Frank J. Wideman, Asst. Atty. Gen., Sewall Key, Norman D. Keller, and Lester L. Gibson, Sp. Assts. to the Atty. Gen., and Thomas J. Morrissey, U. S. Atty. for the District of Colorado, and Ivor O. Wingren, Asst. U. S. Atty. for the District of Colorado, both of Denver, Colo., on the brief), for the United States.

Henry McAllister, of Denver, Colo., for appellee.

Before LEWIS and BRATTON, Circuit Judges, and KENNEDY, District Judge.


LEWIS, Circuit Judge.

This action, instituted October 21, 1933, was to recover erroneously refunded Federal income taxes. The answer admits liability. The only issue here is whether appellee is liable for interest on the amount refunded to her from and after November 23, 1931, the date of refund, or whether the liability for interest should be calculated from the date on which the Collector demanded its return, to-wit, July 15, 1933. The difference in interest amounts...

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