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BOTANY WORSTED MILLS v. UNITED STATES

No. 5303.

20 F.Supp. 951 (1937)

BOTANY WORSTED MILLS v. UNITED STATES.

District Court, D. New Jersey.

October 5, 1937.

Attorney(s) appearing for the Case

Henry B. Twombly, of New York City (Brewster, Ivins & Phillips, of Washington, D. C., of counsel), for plaintiff.

Robert H. Jackson, Asst. Atty. Gen., Andrew D. Sharpe and Samuel E. Blackham, Sp. Assts. to Atty. Gen., and John J. Quinn, U. S. Atty., of Redbank, N. J.

FORMAN, District Judge.

The plaintiff filed its income and profits tax return for the fiscal year ended November 30, 1918, and paid the taxes showed to be due thereon in quarterly installments. The fourth and last installment of said taxes was paid to the collector of internal revenue on December 15, 1919.

Thereafter the Commissioner of Internal Revenue determined that the plaintiff had overpaid its taxes for the said year in the amount of $116,281.61, but...

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