GANS S. S. LINE v. UNITED STATES

No. 370.

105 F.2d 955 (1939)

GANS S. S. LINE v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

June 30, 1939.


Attorney(s) appearing for the Case

John E. Hughes, of Chicago, Ill., and Jacob S. Seidman, of New York City, for appellant.

John T. Cahill, U. S. Atty., of New York City (Leon E. Spencer, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before SWAN, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.


SWAN, Circuit Judge.

The plaintiff filed its income tax return for 1917 on June 25, 1918, and paid the taxes thereby shown to be due. Within due time thereafter, it filed a claim for refund, asking for special assessment under section 210 of the Revenue Act of 1917, 40 Stat. 307. The request was granted and resulted in the issuance of a certificate of over-assessment and a schedule of refunds and credits wherein the commissioner found an overpayment of the plaintiff...

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