ANDREWS v. UNITED STATES

No. 43181.

17 F.Supp. 980 (1937)

ANDREWS v. UNITED STATES.

Court of Claims.

February 8, 1937.


Attorney(s) appearing for the Case

Fred R. Seibert, of Cleveland, Ohio, for plaintiff.

George W. Billings, of Washington, D. C., and Robert H. Jackson, Asst. Atty. Gen., for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.


WHALEY, Judge.

This is a suit to recover an admitted overpayment of income tax for 1930 wherein the Government defends on the ground that such payment cannot be made for the reason that a timely claim for refund cannot be amended, after the period for filing a claim has expired, which sets up a new ground for recovery.

Plaintiff duly filed her return for 1930 and paid the tax of $12,800.30 shown due thereon in quarterly...

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