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McKESSON & ROBBINS v. EDWARDS

14 F.Supp. 109 (1936)

McKESSON & ROBBINS v. EDWARDS et al.

District Court, S. D. New York.

February 13, 1936.

Attorney(s) appearing for the Case

Donald Horne, of New York City, and Frederic Wingersky, of Boston, Mass., for plaintiff.

Martin Conboy, U. S. Atty., of New York City (Leon Spencer, Asst. U. S. Atty., of New York City, of counsel), for defendants.

BRYANT, District Judge.

Plaintiff seeks to recover income and profit taxes assessed and collected for 1918, claiming that said taxes were excessive and overpaid. The amount asked is $138,221.47. The alleged grounds for recovery are: (1) Failure to take a deduction from gross income for amortization of war facilities; (2) inadequate calculation of invested capital.

For 1918 plaintiff paid income and profits tax of $178,811.17; the last payment being made in...

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