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COMMISSIONER OF INTERNAL REV. v. DUMARI TEXTILE CO.

No. 40.

142 F.2d 897 (1944)

COMMISSIONER OF INTERNAL REVENUE v. DUMARI TEXTILE CO., Inc.

Circuit Court of Appeals, Second Circuit.

June 2, 1944.

Attorney(s) appearing for the Case

Samuel O. Clark, Jr., Asst. Atty. Gen., and Sewall Key, J. Louis Monarch, and N. Barr Miller, Sp. Assts. to Atty. Gen., for petitioner, Commissioner of Internal Revenue.

William E. Russell, Jr., of New York City, for respondent Dumari Textile Co., Inc.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The taxpayer, Dumari Textile Company, is a corporation which was organized in 1923 under the laws of the State of New York, having its principal place of business at No. 78 Worth Street, in New York City, and engaged in the textile business. On December 24, 1936, it filed with the Collector of Internal Revenue a claim for reimbursement of taxes on floor stocks held by it on January 6, 1936, the burden of which it had itself borne without...

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