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HOFFMAN v. UNITED STATES

32 F.Supp. 939 (1940)

HOFFMAN v. UNITED STATES.

District Court, S. D. New York.

March 14, 1940.

Attorney(s) appearing for the Case

Charles Seligson, of New York City (Sidney J. Loeb, of New York City, of counsel), for plaintiff.

John T. Cahill, U. S. Atty., of New York City (Clarence W. Roberts, Asst. U. S. Atty., of New York City, of counsel), for defendant.

PATTERSON, Circuit Judge.

The action is brought to recover overpayment of income tax in the amount of $8,262.80, made by the bankrupt, Charles E. Ruckstuhl, for the year 1929. The action is under the Tucker Act, 28 U.S.C. § 41 (20), 28 U.S.C.A. § 41(20). After a number of preliminary motions, it has been tried on the merits.

Ruckstuhl, the bankrupt, was in the typesetting business. Desiring to engage in speculations in real estate without incurring...

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