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REYNOLDS v. DUREY

9 F.Supp. 553 (1934)

REYNOLDS v. DUREY et al.

District Court, N. D. New York.

September 1, 1934.

Attorney(s) appearing for the Case

Abram Zoller, of Little Falls, N. Y. (Hugh Satterlee and A. S. Lisenby, both of Washington, D. C., of counsel), for plaintiff.

Oliver D. Burden, U. S. Atty., of Syracuse, N. Y. (Henry R. Follett, Asst. U. S. Atty., of Syracuse, N. Y., and R. P. Hertzog and C. F. Pollock, Sp. Attys. for Bureau of Internal Revenue, both of Washington, D. C., of counsel), for defendants.

BRYANT, District Judge.

This is an action at law for the recovery of $117,135.22, representing income tax paid by or on behalf of the plaintiff for the calendar year 1920. The case was tried without a jury. Briefly, the facts are:

1. Plaintiff is an individual, who, up until September, 1920, had conducted, as sole proprietor, a retail furniture business at Troy and Albany, N. Y., for a period of thirty-five years. On September 29, 1920, he transferred the...

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