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EDWIN B. STIMPSON COMPANY v. MARCELLE

Civ. A. No. 11488.

137 F.Supp. 32 (1955)

EDWIN B. STIMPSON COMPANY, Inc., Plaintiff, v. Joseph P. MARCELLE, Collector of Internal Revenue for the First District of New York, Defendant.

United States District Court E. D. New York.

December 15, 1955.

Attorney(s) appearing for the Case

Gabriel E. Torre and Joseph J. Pugh, New York City, for plaintiff.

H. Brian Holland, Asst. Atty. Gen., by Andrew D. Sharpe, and Frederic G. Rita, Attys. Dept. of Justice, Washington, D. C., and Leonard P. Moore, U. S. Atty. for the Eastern District of New York, New York City, by Elliott Kahaner, Asst. U. S. Atty., Brooklyn, N. Y., for defendant.

BYERS, District Judge.

This plaintiff — a New York corporation — seeks to recover by way of refund for taxes in connection with its excess profits tax for 1944, $122,910.32. That sum represents two items:

A. $75,303.66 paid in full settlement of an asserted deficiency in estate taxes amounting to $441,758.91 said to be due from the Estate of Edwin B. Stimpson, deceased. B. $45,000 being the fee paid to its attorneys in bringing about...

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