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DAUBE v. UNITED STATES

No. L-109.

5 F.Supp. 769 (1934)

DAUBE v. UNITED STATES.

Court of Claims.

February 5, 1934.

Attorney(s) appearing for the Case

William A. Neacey, of Washington, D. C. (John E. Hughes and William Cogger, both of Washington, D. C., on the brief), for plaintiff.

Joseph H. Sheppard, of Washington, D. C., and Frank J. Wideman, Asst. Atty. Gen. (Elizabeth B. Davis, of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

GREEN, Judge.

This is a suit to recover $21,127.67 of an overassessment of tax allowed plaintiff for the year 1918 which was credited, in part, to additional taxes assessed against him for 1917 and the remainder upon taxes assessed against the partnership of which he was a member. In both instances the statute of limitations had run against the collection of the taxes so assessed.

There is no dispute about the facts. Plaintiff is a member of the partnership...

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