September 30, 1940. Hancock, Dorr, Ryan Shove of Syracuse, N.Y. (Benj. E. Shove, of counsel), for plaintiff. Ralph L. Emmons, U.S. Atty., of Syracuse, N.Y. (B. Fitch Tompkins, Asst. U.S. Atty., of Syracuse, N.Y., and Arthur L. Jacobs, Sp.Asst. to the Atty.Gen., of counsel), for defendant. BRYANT, District Judge. This is a suit for the recovery of $1,769.79, representing overpayment of income tax. The main question — in fact the only question — is whether plaintiff's claim is barred, and whether the