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NEWPORT INDUSTRIES v. UNITED STATES

No. 45527.

60 F.Supp. 229 (1945)

NEWPORT INDUSTRIES, Inc., v. UNITED STATES.

Court of Claims.

May 7, 1945.

Attorney(s) appearing for the Case

John P. Lipscomb, Jr., of Washington, D. C. (Ellsworth A. Alvord and Floyd F. Toomey, both of Washington, D. C., on the brief), for plaintiff.

John W. Hussey, of Washington, D. C., and Samuel O. Clark, Jr., Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.

LITTLETON, Judge.

On the facts we are of opinion that the depreciation schedules prepared by plaintiff did not constitute an informal claim for refund filed within three years from the time the return was filed on March 15, 1937, or within two years from the last payment on the 1936 tax on December 17, 1937. Moreover, if it could be assumed that the depreciation schedules prepared in October 1939 for the revenue agent for use in connection with his audit amounted...

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