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BEAR MILL MFG. CO., INC. v. UNITED STATES

93 F.Supp. 988 (1950)

BEAR MILL MFG. CO., Inc. v. UNITED STATES.

United States District Court S. D. New York.

October 7, 1950.

Attorney(s) appearing for the Case

Howie & Robertson, New York City, for plaintiff.

Irving H. Saypol, U. S. Atty., New York City, William F. Passannante, Asst. U. S. Atty., New York City, of counsel, for defendant.

GODDARD, District Judge.

Motion to dismiss the complaint for failure to state a claim for which relief can be granted on the ground that the court lacks jurisdiction of the subject matter.

The plaintiff seeks a refund of United States Income and Excess Profits Taxes for the year 1941. In 1942 the Commissioner of Internal Revenue assessed a deficiency in Income and Excess Profits Taxes for the year 1941 based on excessive salaries paid to plaintiff's stockholder...

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