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WEINBURG v. UNITED STATES

No. 42788.

25 F.Supp. 83 (1938)

WEINBURG v. UNITED STATES.

Court of Claims.

November 14, 1938.

Attorney(s) appearing for the Case

Francis R. Lash, of Washington, D. C. (C. Leo DeOrsey, of Washington, D. C., on the brief), for plaintiff.

John A. Rees, of Washington, D. C., and James W. Morris, Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for the United States.

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

LITTLETON, Judge.

Plaintiff paid certain income taxes as shown in the findings for 1917 and on March 29, 1928, filed a claim for refund of $19,727.91 on the ground that the Commissioner of Internal Revenue had erred in failing to credit his net income with the proportionate part of the excess profits tax of the partnership for 1917. The Commissioner considered the claim and allowed plaintiff a proper credit for the excess profits tax paid by the partnership, of which...

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