EMPIRE TRUST CO. v. HOEY


22 F.Supp. 366 (1937)

EMPIRE TRUST CO. v. HOEY, Collector of Internal Revenue.

District Court, S. D. New York.

December 30, 1937.


Attorney(s) appearing for the Case

Hughes, Richards, Hubbard & Ewing, of New York City (Francis C. Reed, of New York City, of counsel), for plaintiff.

Leon E. Spencer, Sp. Asst. to Atty. Gen. (William F. Young, Asst. U. S. Atty., of New York City, of counsel), for defendant.


MANDELBAUM, District Judge.

This is an action to recover the sum of $16,152.13 alleged to have been wrongfully collected as additional original issue taxes on Independence Fund trust certificates, issued during the period June 21, 1932, to February 14, 1935. By stipulation between counsel, the action was tried without a jury and upon an agreed statement of facts.

It is pertinent to note that, after service of the complaint herein, the defendant, by notice...

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