
    FIDELITY AND DEPOSIT COMPANY OF MARYLAND v. THE UNITED STATES.
    [55 C. Cls. 535; 259 U. S. —.]
    Judgment was rendered in favor of the defendant in the court below. On plaintiff’s appeal the case was remanded!, and the Supreme Court decided:
    Where appellant applied on November 22, 1913, for a refund of taxes pursuant to the act of July 27,1912, 37 Stat. 240, and the application was rejected by the Secretary of Treasury on April 19, 1917, and suit was begun on July 25, 1918, the six-year statute of limitations applies, and the action is not barred. Sage v. United States, 250 U. S. 33, 39.
    Where a company is carrying on a business with several separate and distinct departments, one of which is a banking department, and a tax is collected on its entire capital under sec. 2 of the act of June 13, 1898, 30 Stat. 448, the company may recover so much of such tax as was collected on capital not used directly or indirectly in the banking business.
   Mr. Justice BeaNdeis

delivered the opinion of the Supreme Court May 29, 1922.  