CROCKER FIRST NATIONAL BANK v. UNITED STATES

No. 32761.

137 F.Supp. 573 (1955)

CROCKER FIRST NATIONAL BANK OF SAN FRANCISCO, a national banking association, etc., et al., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. California, S. D.

December 28, 1955.


Attorney(s) appearing for the Case

Cushing, Cushing, Duniway & Gorrill, San Francisco, Cal., for plaintiff.

Lloyd H. Burke, U. S. Atty., Lynn J. Gillard, Asst. U. S. Atty., San Francisco, Cal., H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Erwin A. Goldstein. Attys., Dept. of Justice, Washington, D. C., for defendant.


GOODMAN, District Judge.

This is an action by the administrator of the estate of a deceased taxpayer for the recovery of income taxes. The facts have been stipulated.

On June 11, 1946, the taxpayer received a refund of $11,041.01 of income taxes paid for the year 1942, plus interest in the amount of $1,315.29. A year later, on June 11, 1947, the taxpayer was informed by the Commissioner that the interest on the refund of 1942 taxes had been erroneously paid...

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