UNITED STATES v. PETERS

Nos. 5003, 5004.

220 F.2d 544 (1955)

UNITED STATES of America, Appellant, v. Chas. B. PETERS, Appellee. UNITED STATES of America, Appellant, v. Jessie M. PETERS, Appellee.

United States Court of Appeals, Tenth Circuit.

March 14, 1955.


Attorney(s) appearing for the Case

Dudley J. Godfrey, Jr., Washington, D. C. (H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Lee A. Jackson, Laurence S. Fordham, Sp. Assts. to the Atty. Gen., Paul W. Cress, U. S. Atty., Perry, Okl., and Leonard L. Ralston, Asst. U. S. Atty., Oklahoma City, Okl., were on the brief), for appellant.

Remington Rogers, Tulsa, Okl., for appellees.

Before BRATTON and PICKETT, Circuit Judges, and VAUGHT, District Judge.


BRATTON, Circuit Judge.

Where the last day of the statutory period for the filing of a claim for refund of an asserted overpayment of income tax falls on Sunday, may the claim be filed on the succeeding Monday? That is the question presented for determination in these consolidated cases.

Section 322(b) (1) of the Internal Revenue Code of 1939, 26 U.S.C.1952 ed. § 322(b) (1), provides in presently pertinent part that unless a claim for refund is filed...

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