United States v. Swift & Co., 282 U.S. 468 (1931)

United States v. Swift & Company

No. 56

Argued January 9, 1931
Decided February 2, 1931
282 U.S. 468

CERTIORARI TO THE COURT OF CLAIMS

Syllabus

1. Under §§ 252 of the Revenue Act of 1921, and 284(b)(1) of the Revenue Act of 1926, where an overpayment of income and excess profits taxes for 1917 was made by credit of an amount overpaid for another taxable year, a claim for refund was barred if not filed within four years from the date of the allowance of the credit. P. 469.

2. Considering the practice of the Bureau of Internal Revenue, the date of allowance of such a credit was neither (1) the date on which the Commissioner referred an overassessment, which had been disclosed and certified in his office, to the Collector in order that the latter, upon examination of the taxpayer’s account, might abate the tax reduction so far as warranted and, upon finding an overpayment, credit it against other taxes due (if any) and note and report any balance for refund; nor (2) the date upon which the Collector, following thee instructions, entered the credit on the taxpayer’s account; but it was (3) the date on which the Commissioner approved the schedule showing the credit, certified to him by the Collector. P. 471 et seq.

68 Ct.Cls. 97 affirmed.

Certiorari, 281 U.S. 709, to review a judgment allowing a claim for the amount of an overpayment of income and war profits taxes.