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TREVELYAN v. UNITED STATES

Civ. No. 8178.

219 F.Supp. 716 (1963)

Mary T. TREVELYAN, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Connecticut.

July 18, 1963.

Attorney(s) appearing for the Case

John H. Weir, of Thompson, Weir & Barclay, New Haven, Conn., for plaintiff.

Jay E. Orlin, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, Rufus E. Stetson, Jr., Washington, D. C., Robert C. Zampano, U. S. Atty., New Haven, Conn., on the brief), for defendant.

TIMBERS, District Judge.

Cross-motions for summary judgment,1 pursuant to Rule 56, Fed.R.Civ. P., in this action for refund of $9,510.32 of federal income taxes, raise the question whether the statute of limitations begins to run with the filing of declarations of estimated tax and payments of such estimated tax (as defendant contends) or with the filing of the final returns (as plaintiff contends).

The Court holds that the statute...

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