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SHELTER ISLAND AND GREENPORT FERRY CO. v. UNITED STATES

No. 65C17.

246 F.Supp. 488 (1965)

SHELTER ISLAND AND GREENPORT FERRY COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

September 9, 1965.

Attorney(s) appearing for the Case

Stephen A. Wise, New York City (Layton, Niedergang & Wise, New York City, of counsel), for plaintiff.

Herman Wilson, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., C. Moxley Featherston, David A. Wilson, Jr., Attys., Dept. of Justice, and Joseph P. Hoey, U. S. Atty., and George L. Barnett, Asst. U. S. Atty., of counsel), for defendant.

DOOLING, District Judge.

The statute of limitations barring claims for the recovery from the Government of overpayments of taxes is shorter than the general limitation barring nontortious actions against the Government. Here the plaintiff paid amounts to the Government under the impression that it owed them as taxes on the transportation of freight. In fact, there was no tax. It had been repealed. Plaintiff did not file claims for refund within the three years after...

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