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IN RE THERMIODYNE RADIO CORPORATION.

No. 579.

26 F.2d 716 (1928)

In re THERMIODYNE RADIO CORPORATION.

District Court, D. Delaware.

May 18, 1928.

Attorney(s) appearing for the Case

Albert Ottinger, Atty. Gen., of New York, and Robert P. Beyer and William Matthews, Deputy Asst. Attys. Gen., for the State of New York.

James I. Boyce, of Wilmington, Del., and Ralph M. Arkush, of New York City, for trustee.

MORRIS, District Judge.

A claim filed against the bankrupt by the state of New York for franchise taxes in the sum of $3,625 was allowed by the referee to the extent of $2,125 only. Upon this petition for review, filed by the state of New York, two basic questions only are raised. The one most strenuously urged is that the tax imposed, if incorrect, may be corrected only by the agencies of the state duly constituted therefor, and, the correctness of the tax imposed...

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