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PEOPLES v. UNITED STATES

No. K—477.

3 F.Supp. 660 (1933)

PEOPLES v. UNITED STATES.

Court of Claims.

May 29, 1933.

Attorney(s) appearing for the Case

Raymond F. Garrity, of Washington, D. C. (Leon F. Cooper, R. E. Glessner, and F. J. Neuland, all of Washington, D. C., on the brief), for plaintiff.

Lisle A. Smith and W. W. Scott, both of Washington, D. C., for the United States.

Before LITTLETON, WHALEY, WILLIAMS, and GREEN, Judges.

LITTLETON, Judge.

The facts in this case disclose that the claim filed December 12, 1922, was disallowed and rejected in its entirety by the Commissioner May 19, 1925, and that no formal claim for refund was filed within five years after the return for 1921 was due. The claim of April 23, 1929, was filed after the expiration of the statute of limitation for filing claims and, inasmuch as Treasury Decision 4235 was not complied with by the filing of an application...

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