CON-ROD EXCHANGE v. HENRICKSEN

No. 8570.

27 F.Supp. 427 (1938)

CON-ROD EXCHANGE, Inc., v. HENRICKSEN, Acting Collector of Internal Revenue.

District Court, W. D. Washington, S. D.

October 8, 1938.


Attorney(s) appearing for the Case

Wright, Jones & Bronson, of Seattle, Wash., for plaintiff.

J. Charles Dennis, U. S. Atty., and Oliver Malm, Asst. U. S. Atty., both of Tacoma, Wash., and Thos. R. Winter, Sp. Atty., Bureau of Internal Revenue, of Seattle, Wash., for defendant.


CUSHMAN, District Judge.

Treasury Regulations 46, Art. 71, in part, provides:

* * * * * *

"If any person overpays the tax due with one monthly return, he may either file a claim for refund on Form 843 or take credit for the overpayment against the tax due with any subsequent monthly return. In all cases (except those referred to in section 621(a), discussed under the preceding paragraphs of this article) where a person overpays tax, no...

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