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IN RE CLAYTON MAGAZINES

No. 443.

77 F.2d 852 (1935)

In re CLAYTON MAGAZINES, Inc. UNITED STATES v. IRVING TRUST CO.

Circuit Court of Appeals, Second Circuit.

June 3, 1935.

Attorney(s) appearing for the Case

Martin Conboy, U. S. Atty., of New York City (Elizabeth Rogers Horan, Asst. U. S. Atty., of New York City, of counsel), for the United States.

McManus, Ernst & Ernst, of New York City (Walter E. Ernst, Abraham I. Menin, and Arthur S. Simon, all of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

The bankrupt was adjudged such June 17, 1933. Appellee was appointed trustee July 11, 1933. December 22, 1933, the collector of internal revenue filed a proof of claim in bankruptcy for additional income tax for 1931, and on February 15, 1934, filed another for the year 1926. The appellee moved to expunge both claims. At the hearing, the United States admitted there was no additional tax due for 1931, and that the bankrupt had overpaid its income...

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