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UNITED STATES V. CHILDS, 266 U. S. 304 (1924)

U.S. Supreme Court

United States v. Childs, 266 U.S. 304 (1924)

United States v. Childs

No. 80

Submitted October 14, 1924

Decided November 24, 1924

266 U.S. 304


In the provision of the Act of 1916 (§ 1, Tit. I, Part II, 39 Stat. 756) adding the sum of 5% to delinquent income tax and "interest" at the rate of 1% per month upon the tax from the time it became due, the interest is not penal, but compensatory, and its allowance, on a claim by the government against a bankrupt, is therefore consistent with § 57-j of the Bankruptcy Act. New York v. Jersawit, 263 U. S. 493, distinguished. P 266 U. S. 307.

290 F. 947 reversed.

Certiorari to a judgment of the circuit court of appeals affirming an order of the district court which, in turn, affirmed an order of a referee in bankruptcy allowing the government's claim for an income tax, but fixing the interest thereon at 6% per annum, the legal rate in the state, in lieu of the 1% per month demanded by the government.

Page 266 U. S. 306

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