LEHIGH PORTLAND CEMENT CO. v. UNITED STATES

Nos. 41974, 42116.

30 F.Supp. 217 (1939)

LEHIGH PORTLAND CEMENT CO. v. UNITED STATES.

Court of Claims.

December 4, 1939.


Attorney(s) appearing for the Case

Francis R. Lash, of Washington, D. C., (Speer & Ott, of Washington, D. C., on the brief), for plaintiff.

John A. Rees, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, Sp. Assts. to Atty. Gen., on the brief), for defendant.

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


LITTLETON, Judge.

The tax and interest of $402,397.79 herein sought to be recovered for 1918 and 1920 were paid in cash and by credit well within the statutory period of limitation within which the tax could be assessed and collected. The credit of $64,423.90, overpayment for 1919, in part satisfaction of the deficiency for 1918 was entered by the collector on his books on June 30, 1926, and the balance of the deficiencies...

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