United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Factors & Finance Co., 288 U.S. 89 (1933)

United States v. Factors & Finance Co.

No. 141

Argued December 8, 1932

Decided January 9, 1933

288 U.S. 89

Syllabus

1. While a full examination of the taxpayer's affairs was being made by the Bureau for the purpose of determining the income and profits tax for 1917, the taxpayer filed a claim for refund stating only an amount, to cover any overpayment that might be found, and not specifying the grounds. After the statutory period for filing claims had run, an amended claim was filed, setting forth the grounds in detail, with reasons why a special assessment should be made under § 210 of the Revenue Act of 1917, which permits such procedure if the Department is unable in any case satisfactorily to determine the amount of invested capital. Thereafter, the Commissioner decided that the case was one for such special assessment, and, pursuing that method, found an overpayment in a stated amount; but he refused to refund, upon the ground that the first claim was too general and the second filed too late.

Held:

(1) That the first claim was subject to amendment until final rejection, irrespective of a limitation running in the interval. United States v. Memphis Oil Co., ante p. 288 U. S. 62. P. 288 U. S. 93.

(2) The second claim was not an abandonment of or departure from the first -- not a new and independent claim -- but properly an amendment. United States v. Henry Prentiss & Co., ante, p. 288 U. S. 73, distinguished. Id.

(3) The Commissioner's certificate that assessment should be under § 210 is binding in the absence of evidence impeaching his conclusion, and the taxpayer is entitled to recover the overpayment so found by the Commissioner. P. 288 U. S. 96.

2. There are clear and important differences between the provisions for special assessments made by § 210 of the Revenue Act of 1917 and those made by § 327(d) of the Revenue Act of 1918. P. 288 U. S. 94.

73 Ct.Cls. 707, 56 F.2d 902, affirmed.

Certiorari to review a judgment allowing a claim based on overpayment of income and excess profits taxes.

Page 288 U. S. 90