WALLACE v. UNITED STATES

No. 1320 A.

50 F.Supp. 178 (1943)

WALLACE v. UNITED STATES.

District Court, W. D. New York.

April 22, 1943.


Attorney(s) appearing for the Case

William B. Mahoney, of Buffalo, N. Y., for plaintiff.

George L. Grobe, U. S. Atty., and Robert M. Hitchcock, Asst. U. S. Atty., both of Buffalo, N. Y., Samuel O. Clark, Jr., Asst. Atty. Gen., and Andrew D. Sharp and Paul R. Russell, Sp. Assts. to Atty. Gen., for defendant.


KNIGHT, District Judge.

Suit is brought to recover $4,419.35 and interest on account of an alleged over-payment of plaintiff's federal income tax for 1929.

Two questions are presented for consideration. These will be considered in the order they are stated. (1) Whether the court was empowered to restore the case to the calendar upon motion of the plaintiff; and (2) whether certain profits derived by the plaintiff...

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