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DUNWALKE FARM v. UNITED STATES

No. 648-53.

125 F.Supp. 255 (1954)

DUNWALKE FARM, Inc., v. UNITED STATES.

United States Court of Claims.

November 2, 1954.

Attorney(s) appearing for the Case

Charles Goodwin, Jr., New York City, for plaintiff.

Gilbert Andrews, Arlington, Va., H. Brian Holland, Asst. Atty. Gen. (Andrew D. Sharpe and Ellis N. Slack, Washington, D. C., on the brief), for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

WHITAKER, Judge.

Plaintiff is a personal holding company. It sues to recover the taxes imposed on its undistributed profits for the year 1949.

In its first cause of action it asks for a refund based on a computation of the tax by including a deduction of surtax for the year 1948. In a separate cause of action it asks for a refund based on a computation of the tax by including a deduction of surtaxes for 1949, instead...

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