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KEAN v. MANNING

Civ. No. 783.

128 F.Supp. 756 (1955)

Robert W. KEAN, as sole surviving Executor of the Last Will and Testament of Hamilton F. Kean, deceased, Plaintiff, v. John E. MANNING, United States Collector of Internal Revenue for the Fifth District of New Jersey, Defendant.

United States District Court, D. New Jersey.

March 3, 1955.

Attorney(s) appearing for the Case

Mitchell, Capron, Marsh, Angulo & Cooney, New York City, for plaintiff.

Raymond Del Tufo, Jr., U. S. Atty., Newark, N. J., for defendant.

SMITH, District Judge.

This is an action for the recovery of an income tax deficiency and the interest thereon, assessed and collected under the Revenue Act of 1938, 52 Stat. 447 et seq. The pertinent provisions of the Act are quoted in the appendix hereto annexed. The complaint alleges and the answer denies that the taxes were illegally assessed and collected. The action is before the Court on a stipulation of facts,...

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