UNITED STATES v. McKINNEY

No. 7990.

107 F.2d 879 (1939)

UNITED STATES v. McKINNEY.

Circuit Court of Appeals, Sixth Circuit.

December 6, 1939.


Attorney(s) appearing for the Case

W. F. Wattles, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key and Warren F. Wattles, Sp. Assts. to Atty. Gen., E. B. Freed and Everett L. Foote, both of Cleveland, Ohio, on the brief), for appellant.

Mark A. Loofbourrow, of Cleveland, Ohio (Squire, Sanders & Dempsey, Clan Crawford, and Mark A. Loofbourrow, all of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, SIMONS and ALLEN, Circuit Judges.


SIMONS, Circuit Judge.

The present problem is a narrow one presenting the question as to the time from which interest is to be computed upon an erroneous refund made to a taxpayer and recoverable by the government. Prior to the effective date of the Revenue Act of 1936, no statute provided for the recovery of interest upon taxes erroneously refunded and recovered, and the allowance of interest thereon was governed by principles generally applicable to claims for money...

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