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ROSENBERGER v. UNITED STATES

No. 9750(2).

138 F.Supp. 117 (1955)

Erma ROSENBERGER, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Missouri, E. D.

November 7, 1955.

Attorney(s) appearing for the Case

H. M. Stolar, Norman Begeman, and Edwin Grossman, St. Louis, Mo., for plaintiff.

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe and Edward W. Rothe, Attys., Dept. of Justice, Washington, D. C., Harry Richards, U. S. Atty., and W. Francis Murrell, Asst. U. S. Atty., St. Louis, Mo., for defendant.

HULEN, District Judge.

This is a suit to recover an overpayment of income taxes for the year 1946. The Government admits the overpayment. The sole question presented is whether Section 3801(b) (5), U.S.Code, Title 26, eliminates the bar of the statute of limitations, by virtue of the decision of this Court in Bauman v. United States, D.C., 106 F.Supp. 384. The facts are found in the prior memorandum. We have now for ruling only...

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