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FORSTMANN v. ROGERS

No. 4433.

31 F.Supp. 660 (1940)

FORSTMANN v. ROGERS, formerly United States Collector of Internal Revenue.

District Court, D. New Jersey.

February 16, 1940.

Attorney(s) appearing for the Case

Wall, Haight, Carey & Hartpence, of Jersey City, N. J., (Thomas G. Haight, of Jersey City, N. J., Robert H. Montgomery and James O. Wynn, both of New York City, W. C. Magathan, of Washington, D. C., and George G. Blattmachr, of New York City, of counsel), for plaintiff.

Francis A. LeSourd, Sp. Asst. to Atty. Gen., for defendant.

FAKE, District Judge.

This is an action in which plaintiff seeks to recover certain income taxes paid in the years 1929 and 1930. The facts are not in dispute and are presented to the Court by stipulation waiving trial by jury.

In February of 1933, the Commissioner of Internal Revenue assessed additional income taxes against the plaintiff, aggregating with interest the sum of $16,714.89 for the year 1929 and the sum of $62,004.37 for the year 1930, both of...

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