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GILMORE v. UNITED STATES

Nos. 31966, 31967.

131 F.Supp. 581 (1955)

Don GILMORE, Plaintiff, v. UNITED STATES of America, Defendant. H. J. McCULLOUGH, Administrator of the Estate of Barbara Briggs Turner (formerly Barbara Briggs Gilmore), deceased, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. California, S. D.

May 31, 1955.

Attorney(s) appearing for the Case

Freed & Freed, San Francisco, Cal., for plaintiff.

Lloyd H. Burke, U. S. Atty., San Francisco, Cal., for defendant.

EDWARD P. MURPHY, District Judge.

This is a suit for the recovery of income taxes paid and interest. The commissioner assessed a deficiency which was paid by plaintiff and taxpayer. The commissioner failed to act on a claim for refund and plaintiff elected to sue here.

The assessed deficiency arises out of a finding on May 17, 1946 by the Third Regional Wage Stabilization Board that plaintiff overpaid his employees in the amount of some $145,000 in violation...

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