B-121427, DEC. 8, 1955

B-121427: Dec 8, 1955

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MITCHELL: WE HAVE CONSIDERED YOUR LETTERS OF MAY 18. WAS ALLOWED BY CERTIFICATE OF SETTLEMENT NO. 2255471. STATES THAT "IT IS WITH RECOUPMENT WITH WHICH WE ARE CONCERNED HERE" AND YOU REQUEST PERMISSION TO RECOUP THE BALANCE OF THE CLAIM BY SETOFF AGAINST FUTURE ANNUAL CHARGES UNDER THE 1910 AGREEMENT. THE MATTER WAS TAKEN UP WITH THE DEPARTMENT OF AGRICULTURE AND BY LETTER OF NOVEMBER 29. WE WERE ADVISED THAT THE DEPARTMENT WOULD NOT OBJECT TO RECOUPMENT THROUGH SETOFF AGAINST FUTURE ANNUAL CHARGES. WE HAVE NO OBJECTION TO THE PROPOSED RECOUPMENT AND SUGGEST THAT YOU MAKE APPROPRIATE ARRANGEMENTS THEREFOR WITH THE DEPARTMENT OF AGRICULTURE. THE DEPARTMENT IS BEING ADVISED IN THE MATTER BY LETTER OF TODAY.

B-121427, DEC. 8, 1955

TO MR. HARRY H. MITCHELL:

WE HAVE CONSIDERED YOUR LETTERS OF MAY 18, MAY 20, AND JUNE 10, 1955, CONCERNING THE CLAIM OF THE INLAND PORTLAND CEMENT COMPANY FOR THE REFUND OF EXCESSIVE DEPOSITS MADE UNDER ITS POWER AGREEMENT PERMIT APPROVED BY THE SECRETARY OF AGRICULTURE ON SEPTEMBER 14, 1910.

THE PORTION OF THE CLAIM APPLICABLE TO THE PERIOD APRIL 27, 1944, TO JULY 31, 1951, WAS ALLOWED BY CERTIFICATE OF SETTLEMENT NO. 2255471, DATED DECEMBER 31, 1954. YOUR LETTERS REFER TO THE BALANCE OF THE CLAIM ($7,054.48) COVERING THE PERIOD PRIOR TO APRIL 27, 1944, AND, AMONG OTHER THINGS, REFER TO THE MATTER OF RECOUPMENT.

YOUR LETTER OF JUNE 10, 1955, STATES THAT "IT IS WITH RECOUPMENT WITH WHICH WE ARE CONCERNED HERE" AND YOU REQUEST PERMISSION TO RECOUP THE BALANCE OF THE CLAIM BY SETOFF AGAINST FUTURE ANNUAL CHARGES UNDER THE 1910 AGREEMENT. THE MATTER WAS TAKEN UP WITH THE DEPARTMENT OF AGRICULTURE AND BY LETTER OF NOVEMBER 29, 1955, WE WERE ADVISED THAT THE DEPARTMENT WOULD NOT OBJECT TO RECOUPMENT THROUGH SETOFF AGAINST FUTURE ANNUAL CHARGES. IN THIS CONNECTION, SEE BULL, EXECUTOR V. UNITED STATES, 295 U.S. 247 AND DIXIE MARGERINE CO. V. COMMISSIONER OF INTERNAL REVENUE, 115 F.2D 445.

IN THE CIRCUMSTANCES, WE HAVE NO OBJECTION TO THE PROPOSED RECOUPMENT AND SUGGEST THAT YOU MAKE APPROPRIATE ARRANGEMENTS THEREFOR WITH THE DEPARTMENT OF AGRICULTURE. THE DEPARTMENT IS BEING ADVISED IN THE MATTER BY LETTER OF TODAY, COPY HEREWITH.