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WILLIAM F. TAUBEL, INC. v. STURGESS

Nos. 1400, 1401.

45 F.2d 236 (1930)

WILLIAM F. TAUBEL, Inc., v. STURGESS, Collector of Internal Revenue (two cases).

District Court, D. New Jersey.

November 8, 1930.

Attorney(s) appearing for the Case

Mackay & Mackay, of Hackensack, N. J., for plaintiff.

Phillip Forman, U. S. Atty., of Trenton, N. J., for defendant.

FAKE, District Judge.

The issues here arise on motions to strike out the answers to the complaints. The question of law is the same in each case, and amounts to this: It being conceded that the collection of certain additional income and profits taxes were barred at the time payments thereof were made, inasmuch as more than five years had elapsed from the time the returns were filed, can the plaintiff recover these additional...

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