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WOODWARD IRON CO. v. UNITED STATES

Nos. 5370-5372.

59 F.Supp. 54 (1945)

WOODWARD IRON CO. v. UNITED STATES. SAME v. WILLINGHAM. SAME v. DAVIS.

District Court, N. D. Alabama, S. D.

February 6, 1945.

Attorney(s) appearing for the Case

L. C. Bradley, of Birmingham, Ala., for plaintiff.

Jim C. Smith, U. S. Atty., and William H. Burton, Jr., Asst. U. S. Atty., both of Birmingham, Ala., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharpe and Homer R. Miller, Sp. Assts. to Atty. Gen., for defendants.

MULLINS, District Judge.

Findings of Fact.

1. Cause No. 5370 is a suit under the Tucker Act, 28 U.S.C.A. § 41(20), by Woodward Iron Company against the United States for the recovery of $3,934.09, plus interest, income taxes paid by plaintiff for 1936, for which a certificate of overassessment has been issued by the Commissioner of Internal Revenue and credited against income and excess profits taxes allegedly due and owing by plaintiff for 1937.

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