Pioneer Rubber Mills v. United States

This case was submitted to and decided before his death by the late Judge Kerrigan. The case has since been resubmitted to and considered by me. I have reached the same conclusion as did Judge Kerrigan, and I accordingly adopt his opinion, as follows:

“The dispute in this income tax case concerns the propriety of the application of credits for the overpayment of taxes for the years 1920 and 1921 to the' unpaid balance of the 1918 tax. There are many questions involved in this case, but the central question is whether or not the credits should be repaid to the taxpayer because, at the. time they were applied, collection of the 1918 tax was barred by the statute of limitations.

“The facts are stipulated and the important ones may be summarized. The same taxpayer, operating under a different name than that now used by plaintiff, filed its income tax return on June 13, 1919, for 'the tax year 1918. The tax was assessed and paid in part. At the end of 1919 there remained an unpaid balance of $36,000 (using round numbers as I shall do throughout this opinion)' which has. never been paid 'except for the partial payments by the disputed applications of credits. In 1920, plaintiff filed…