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LUSTIG v. UNITED STATES

No. 330-53.

138 F.Supp. 870 (1956)

Henry LUSTIG v. The UNITED STATES.

United States Court of Claims.

March 6, 1956.

Attorney(s) appearing for the Case

Robert K. McConnaughey, Washington, D. C., for the plaintiff. Philip Zimet, New York City, and Richard T. Conway, Washington, D. C., were on the briefs.

William T. Kane, Washington, D. C., with whom was Asst. Atty. Gen. H. Brian Holland, for the defendant. Andrew D. Sharpe and John W. Hussey, Washington, D. C., were on the brief.

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

LARAMORE, Judge.

The plaintiff sues to recover income taxes for the year 1947 in the amount of $23,571.34, with interest. The plaintiff kept his books and filed his returns on the cash receipts and disbursements basis and used the calendar year as his annual accounting period. The plaintiff contends that he overpaid his income taxes for 1947 because he failed to take a deduction for interest paid during that year. A timely...

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