UNITED STATES v. MORGENTHAU

No. 7262.

105 F.2d 50 (1939)

UNITED STATES ex rel. NEW RIVER CO. v. MORGENTHAU, Secretary of the Treasury, et al.

United States Court of Appeals for the District of Columbia.

Decided April 3, 1939.

Rehearing Denied May 1, 1939.


Attorney(s) appearing for the Case

J. Bruce Kremer, Herbert M. Bingham, and H. Donald Kistler, all of Washington, D. C., for appellant.

David A. Pine, U.S. Atty., H. L. Underwood, Asst. U. S. Atty., and Samuel E. Blackham, all of Washington, D. C., for appellees.

Before GRONER, Chief Justice, and STEPHENS and EDGERTON, Associate Justices.


GRONER, C. J.

The New River Company (petitioner) is a West Virginia corporation, and together with its subsidiary companies is engaged in the business of mining coal. In the years 1918-19-20-21 it filed its income tax returns and paid the amounts shown to be due. Subsequently the Commissioner made additional assessments for those years. Petitioner paid these amounts in 1927, but in 1930 filed claim for refund on the ground that these sums had been erroneously assessed...

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