Harlan F. Stone

“ Under section 252 of the Revenue Act of 1918, petitioner could not at any time have claimed a refund of any overpayment of tax except such amount as was 'in excess of that properly due' for the first six months, and since the excess, as already indicated, was, in each year, paid on account of the calendar year, a part of which fell within the fiscal period following June 30th, a correct statement of the account requires the overpayment to be credited to that rather than the preceding fiscal period. ”

“ But it is to be noted that the reference, in section 252 of the 1918 act, to an examination of the return, which was continued in section 252 of the 1921 Act, c. 136, 42 Stat. 227, 268, was dropped from the corresponding section 281 of the Revenue Act of 1924 (26 USCA § 1065 note) , and the applicable section 284 of the Act of 1926. ”