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WORDEN & CO. v. UNITED STATES

No. 42982.

22 F.Supp. 418 (1938)

WORDEN & CO., Inc., v. UNITED STATES.

Court of Claims.

March 7, 1938.

Attorney(s) appearing for the Case

John J. Cunneen, of New York City (William J. Dodge, of New York City, on the brief), for plaintiff.

John A. Rees, of Washington, D. C., and James W. Morris, Asst. Atty. Gen. (Robert N. Anderson and Fred K. Dyar, both of Washington, D. C., on the brief), for the United States.

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

PER CURIAM.

This suit is brought to recover $17,127.39 with interest claimed to have been illegally collected by the defendant as a corporation income tax for the year 1929.

One of the defenses set up in the case is that no claim for refund was ever filed as provided by law. Guy W. Renyx, one of the directors of the company, testified that he prepared and mailed a claim for refund to the Collector of the Second District of New York on February 11, 1932, but...

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