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JEWETT & CO. v. UNITED STATES

No. 1921-A.

19 F.Supp. 363 (1937)

JEWETT & CO. v. UNITED STATES.

District Court, W. D. New York.

On Rehearing May 26, 1937.

Attorney(s) appearing for the Case

Charles W. Strong, of Buffalo, N. Y., for plaintiff.

George L. Grobe, U. S. Atty., of Buffalo, N. Y. (Robert M. Hitchcock, Asst. U. S. Atty., of Dunkirk, N. Y., of counsel), for the United States.

KNIGHT, District Judge.

Plaintiff sues to recover an allegedly illegal deficiency tax paid the Commissioner of Internal Revenue on account of an income tax assessment for the year 1926. No claim for a refund is alleged. The gravamen of the alleged cause of action is the levying and collection of such assessment by the Commissioner of Internal Revenue in violation of an agreement made by him with plaintiff.

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