UNITED STATES v. CHUSED

No. 14928.

209 F.2d 548 (1954)

UNITED STATES v. CHUSED.

United States Court of Appeals Eighth Circuit.

January 28, 1954.


Attorney(s) appearing for the Case

C. Moxley Featherston, Sp. Asst. to the Atty. Gen. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Robert N. Anderson and Walter Akerman, Jr., Sp. Assts. to the Atty. Gen., Harry Richards, U. S. Atty., and W. Francis Murrell, Asst. U. S. Atty., St. Louis, Mo., were on the brief), for appellant.

Bertram W. Tremayne, Jr., St. Louis, Mo. (Harry S. Gleick, Ralph R. Neuhoff, and Neuhoff, Tremayne & Schaefer, St. Louis, Mo., were with him on the brief), for appellee.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.


SANBORN, Circuit Judge.

This is an appeal from a judgment for the plaintiff in an action brought November 26, 1951, by the Trustee in Bankruptcy of the Laister-Kaufmann Aircraft Corporation to recover an overpayment of excess profits taxes by the corporation for the year ended August 31, 1943. The sole ground for reversal urged by the Government is that the action was brought too late.

A timely claim for refund of the taxes had been filed and had been rejected...

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