AMERICAN RADIATOR & STANDARD SAN. CORP. v. UNITED STATES

No. 295-59.

318 F.2d 915 (1963)

AMERICAN RADIATOR & STANDARD SANITARY CORPORATION v. The UNITED STATES.

United States Court of Claims.

As Amended August 29, 1963.


Attorney(s) appearing for the Case

M. Bernard Aidinoff, New York City, for the plaintiff. Norris Darrell, Kendyl K. Monroe and Sullivan & Cromwell, New York City, were on the briefs.

Theodore D. Peyser, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for the defendant.

Before JONES, Chief Judge, and LARAMORE, DURFEE and DAVIS, Judges.


DAVIS, Judge.

The only contested point in this suit for refund of income and excess profits taxes is the timeliness of plaintiff's refund claim. The defendant does not deny that the taxes were overpaid, but it contends that recovery is now barred because the formal claim for refund came some months too late. We reject the defense and hold that plaintiff made a seasonable demand.

For the span of years beginning with 1941, plaintiff duly elected to use the ...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases