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Cherry Cotton Mills v. U.S.

U.S.
Mar 25, 1946
327 U.S. 536 (1946)

Summary

holding that the United States was a unitary creditor involving a setoff of a tax refund payable by the United States Treasury against a debt owed by the petitioner to the Reconstruction Finance Corporation which was essentially a federal agency

Summary of this case from U.S. Dep't of Hous. & Urban Dev. v. Wood (In re Wood)

Opinion

CERTIORARI TO THE COURT OF CLAIMS.

No. 187.

Argued December 14, 1945. Decided March 25, 1946.

1. Under 28 U.S.C. § 250 (2) giving the Court of Claims jurisdiction to hear and determine "All set-offs, counterclaims . . . or other demands whatsoever on the part of the Government . . . against any claimant against the Government in said Court," it is within the jurisdiction of the Court of Claims, in a suit against the Government for a refund of taxes, to hear and determine a counterclaim of the Government based upon a debt owed by claimant to the Reconstruction Finance Corporation. P. 539. 2. That Congress chose to call the R.F.C. a corporation does not alter its characteristics so as to make it something other than it actually is, an agency selected by the Government to accomplish purely governmental purposes, notwithstanding the fact that, in other situations and with relation to other statutes, this Court has applied the doctrine of governmental immunity or priority rather strictly. P. 539. 3. The jurisdiction of the Court of Claims to hear and determine counterclaims is in no way dependent upon the preliminary intra-governmental steps which precede court action — such as directions issued by the General Accounting Office to the Treasury. P. 538. 103 Ct. Cls. 243, 59 F. Supp. 122, affirmed.

Petitioner sued the Government for a tax refund in the Court of Claims. The Government filed a counterclaim for a debt owed by petitioner to the R.F.C. The Court of Claims overruled a challenge of its jurisdiction under 28 U.S.C. § 250 (2) and rendered judgment for the United States and against petitioner for the amount it owed the R.F.C. less the amount of the tax refund. 103 Ct. Cls. 243, 59 F. Supp. 122. This Court granted certiorari. 326 U.S. 705. Affirmed, p. 540.

Theodore B. Benson argued the cause and filed a brief for petitioner.

David L. Kreeger argued the cause for the United States. With him on the brief were Solicitor General McGrath, Assistant Attorney General Sonnett and John R. Benney.


In 1942 the Government owed the petitioner a $3,104.87 refund of processing and floor taxes paid by the petitioner under the Agricultural Adjustment Act. The petitioner owed the Reconstruction Finance Corporation $5,963.51, balance on a note for borrowed money. The General Accounting Office directed the Treasury not to pay the tax refund to the petitioner, but to issue a check for the refund payable to the R.F.C. "to partially liquidate" petitioner's indebtedness to that governmental agency. As authorized by 28 U.S.C. § 250 (1), the petitioner then brought suit against the Government for the tax refund in the Court of Claims. The Government filed a counterclaim for the $5,963.51, asserting the right to do so under 28 U.S.C. § 250 (2), which gives the Court of Claims jurisdiction to hear and determine "All set-offs, counterclaims, . . . or other demands whatsoever on the part of the Government of the United States against any claimant against the Government in said court . . ." The petitioner challenged the jurisdiction of the Court of Claims to hear and determine the counterclaim on these two grounds: (1) the Comptroller exceeded his authority in directing the Treasury to pay the tax refund to the R.F.C. instead of to the petitioner; (2) the R.F.C. should be treated in the same way as a privately owned corporation and when so treated the petitioner's admittedly valid indebtedness to R.F.C. is not a claim "on the part of the Government" entitling it to set up a counterclaim under 28 U.S.C. § 250 (2). The Court of Claims, rejecting both these contentions, rendered judgment for the United States and against the petitioner for the amount it owed the R.F.C. less the amount of the tax refund. We granted certiorari.

Little need be said as to the contention concerning the alleged lack of authority of the General Accounting Office to direct the Treasury not to pay the petitioner, since we agree with the Court of Claims that its jurisdiction to hear and determine counterclaims is in no way dependent upon the preliminary intragovernmental steps which precede court action. For this reason the petitioner's argument based on our decision in Skinner Eddy Corp. v. McCarl, 275 U.S. 1, where we considered the power of the Comptroller General in relation to wholly different legislation, has no bearing on the power of the Court of Claims under 28 U.S.C. § 250 (2).

Nor do we find any justification for giving to 250(2) the narrow interpretation urged. Its purpose was to permit the Government, when sued in the Court of Claims, to have determined in a single suit all questions which involved mutual obligations between the Government and a claimant against it. Legislation of this kind has long been favored and encouraged because of a belief that it accomplishes among other things such useful purposes as avoidance of "circuity of action, inconvenience, expense, consumption of the courts' time, and injustice." Chicago N.W.R. Co. v. Lindell, 281 U.S. 14, 17 and cases cited.

We have no doubt but that the set-off and counterclaim jurisdiction of the Court of Claims was intended to permit the Government to have adjudicated in one suit all controversies between it and those granted permission to sue it, whether the Government's interest had been entrusted to its agencies of one kind or another. Every reason that could have prompted Congress to authorize the Government to plead counterclaims for debts owed to any of its other agencies applies with equal force to debts owed to the R.F.C. Its Directors are appointed by the President and confirmed by the Senate; its activities are all aimed at accomplishing a public purpose; all of its money comes from the Government; its profits, if any, go to the Government; its losses the Government must bear. That the Congress chose to call it a corporation does not alter its characteristics so as to make it something other than what it actually is, an agency selected by Government to accomplish purely governmental purposes. Inland Waterways Corp. v. Young, 309 U.S. 517, 524. Nor is this congressionally granted power to plead a counterclaim to be reduced because in other situations, and with relation to other statutes, we have applied the doctrine of governmental immunity or priority rather strictly. The Government here sought neither immunity nor priority. Its right to counterclaim rests on different principles, one of which was graphically expressed by the sponsors of the Act of which § 250(2) is a part: It is "as much the duty of the citizen to pay the Government as it is the duty of the Government to pay the citizen." 58 Cong. Globe 1674, April 15, 1862, 37th Cong., 2d Sess.

Sloan Shipyards Corp. v. U.S. Fleet Corp., 258 U.S. 549; Keifer Keifer v. Reconstruction Finance Corp., 306 U.S. 381; Reconstruction Finance Corp. v. J.G. Menihan Corp., 312 U.S. 81.

Affirmed.

MR. JUSTICE JACKSON took no part in the consideration or decision of this case.


Summaries of

Cherry Cotton Mills v. U.S.

U.S.
Mar 25, 1946
327 U.S. 536 (1946)

holding that the United States was a unitary creditor involving a setoff of a tax refund payable by the United States Treasury against a debt owed by the petitioner to the Reconstruction Finance Corporation which was essentially a federal agency

Summary of this case from U.S. Dep't of Hous. & Urban Dev. v. Wood (In re Wood)

recognizing federal government's right to interagency setoff

Summary of this case from In re Charter Oak Associates

recognizing federal government's right to interagency setoff

Summary of this case from Cottle v. Ariz. Corp. Comm'n (In re Cottle)

In Cherry Cotton Mills, Inc. v. United States, 327 U.S. 536 (1946), we had little difficulty finding that the RFC was an agency selected by Government to accomplish purely governmental purposes,.

Summary of this case from Lebron v. National Railroad Passenger Corp.

stating that the RFC was “an agency selected by the Government to accomplish purely governmental purposes ”

Summary of this case from United States v. Esquenazi

stating that the purpose of the predecessor to § 1503 "was to permit the government, when sued in the Court of Claims, to have determined in a single suit all questions which involved mutual obligations between the government and a claimant against it"

Summary of this case from Barrett Refining Corp. v. U.S.

involving a debt owed to the Reconstruction Finance Corporation, a federal agency, that was set off as an allowable counterclaim against one of its debtors in a suit by that debtor for a tax refund

Summary of this case from In re Chateaugay Corp.

In Cherry Cotton Mills v. United States, 327 U.S. 536, 66 S.Ct. 729, 90 L.Ed. 835 (1946), the Supreme Court was concerned with the Reconstruction Finance Corporation.

Summary of this case from In re Agricultural Business Co., Inc.

In Cherry Cotton Mills v. United States, supra, 327 U.S. at 539, 66 S.Ct. at 730 (1946), the Supreme Court observed: "We have no doubt but that the set-off and counterclaim jurisdiction of the Court of Claims was intended to permit the Government to have adjudicated in one suit all controversies between it and those granted permission to sue it * * *."

Summary of this case from Scott v. United States

In Cherry Cotton Mills v. United States, 1946, 327 U.S. 536, 539, 66 S.Ct. 729, 730, 90 L.Ed. 835, the Supreme Court held that in a suit against the United States the latter could counterclaim for debts owed a government corporation (Reconstruction Finance Corporation), the corporation being considered the government of the United States within the meaning of the counterclaim statute.

Summary of this case from United States v. Rainwater

In Cherry Cotton Mills v. United States, 327 U.S. 536, 66 S.Ct. 729, 90 L.Ed. 835, the Government owed the petitioner a certain sum as a refund of processing taxes which had been paid. At the same time, the petitioner owed the Reconstruction Finance Corporation a larger sum as the balance due on a promissory note for money borrowed.

Summary of this case from Luther v. United States

In Cherry Cotton Mills v. United States, 327 U.S. 536, 537, 66 S.Ct. 729, 90 L.Ed. 835, employees were not involved. The holding in that case was that, inasmuch as the Reconstruction Finance Corporation is an agency of the government, a debt owed to it can be offset as an allowable counterclaim against one of its debtors in a suit brought by such debtor for a tax refund against the United States.

Summary of this case from Reconstruction Finance Corp. v. Langham

In Cherry Cotton Mills, the Supreme Court held that a debt owed to the Reconstruction Finance Corporation was a debt owed to the federal government, which allowed the debt to be set off against a tax refund.

Summary of this case from Nat'l Horsemen's Benevolent & Protective Ass'n v. Texas

In Cherry Cotton Mills v. United States, 327 U.S. 536, 537, 66 S.Ct. 729, 729, 90 L.Ed. 835 (1946), for example, the United States owed the petitioner, Cherry Cotton Mills, a refund of approximately $3,000 for taxes paid under the Agricultural Adjustment Act. At the same time, however, the petitioner owed the Reconstruction Finance Corporation (the "RFC") approximately $6,000 pursuant to a promissory note.

Summary of this case from In re Whimsy, Inc.

In Cherry Cotton Mills a taxpayer sued to obtain a tax refund which the Treasury owed to him but paid to Reconstruction Finance Corporation to partially liquidate a debt the taxpayer owed to that agency.

Summary of this case from United States v. Iron Mountain Mines, Inc.

In Cherry Cotton Mills, the government owed petitioner a tax refund under the Agricultural Adjustment Act, and the petitioner owed the government, specifically the Reconstruction Finance Corporation ("RFC"), the balance on a loan.

Summary of this case from In re Pyramid Industries, Inc.

In Cherry, the federal government sought to setoff a tax refund due the petitioner under the Agriculture Adjustment Act against a loan the petitioner owed the Reconstruction Finance Corporation under 28 U.S.C. § 250(1).

Summary of this case from Westamerica Bank v. U.S.

In Cherry, the federal government was permitted to set off a tax refund owed to the petitioner under the Agricultural Adjustment Act against money that the petitioner owed the Reconstruction Finance Corporation on a note.

Summary of this case from Westamerica Bank v. U.S.

In Cherry, the federal government sought to setoff a tax refund due the petitioner under the Agriculture Adjustment Act against a loan the petitioner owed to the Reconstruction Finance Corporation under 28 U.S.C. § 250(1).

Summary of this case from In re Lakeside Community Hosp., Inc.

construing the corresponding jurisdictional grant to the Tax Court

Summary of this case from Kurio v. United States

In Cherry Cotton Mills, the court permitted money owed to a debtor in back taxes by the Department of the Treasury to be used to offset a defaulted loan owed by the debtor to the Reconstruction Finance Corporation (RFC).

Summary of this case from Cottle v. Ariz. Corp. Comm'n (In re Cottle)

allowing different federal agencies to offset claims as a single entity

Summary of this case from In re Lopes

In Cherry Cotton Mills, the plaintiff was owed a tax refund for taxes paid under the Agricultural Adjustment Act ("AAA").

Summary of this case from HAL, Inc. v. United States (In re HAL, Inc.)

In Cherry, the federal government attempted to set off a tax refund it owed to the petitioner under the Agricultural Adjustment Act against money that the petitioner owed on a note to a federal agency, the Reconstruction Finance Corporation (the "RFC").

Summary of this case from In re County of Orange

In Cherry the Supreme Court addressed the jurisdiction of the Court of Claims under 28 U.S.C.A. § 250(2) to hear the setoff claim of the Reconstruction Finance Corporation against the debtor's claim of refund due from the U.S. Treasurer under the Agricultural Adjustment Act.

Summary of this case from In re Gibson
Case details for

Cherry Cotton Mills v. U.S.

Case Details

Full title:CHERRY COTTON MILLS, INC. v . UNITED STATES

Court:U.S.

Date published: Mar 25, 1946

Citations

327 U.S. 536 (1946)
66 S. Ct. 729

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