101 U.S. 726 | SCOTUS | 1880
UNITED STATES
v.
KIMBALL.
Supreme Court of United States.
*727 Mr. Assistant Attorney-General Smith for the United States.
There was no opposing counsel.
MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
In a suit against a collector of internal revenue on his bond for a balance of taxes charged to him under the provisions of sect. 3218, Rev. Stat., he is entitled to a credit for all uncollected taxes transferred by him to his successor in office, if he proves that due diligence was used by him for their collection. *728 The certificate of the Commissioner of Internal Revenue is a condition precedent to a credit by the First Comptroller of the Treasury before suit, but not to a defence upon the facts if a suit is brought.
The presentation to the Commissioner of Internal Revenue by a collector of a claim for credit in his account, and its rejection by him, is such a presentation of the claim "to the accounting officers of the treasury for their examination," and disallowance by them, as will permit the collector, under sect. 951, Rev. Stat., to make proof of his claim in a suit brought against him by the United States to collect what is due from him on his account.
Judgment affirmed.