ROCCO DAMATO AND ROSARIO DAMATO, PARTNERS, TRADING UNDER THE FIRM NAME AND STYLE OF DAMATO'S GAS STATION AND GARAGE, PLAINTIFFS-RESPONDENTS,
v.
LEONE CONSTRUCTION COMPANY, INC., A CORPORATION, DEFENDANT, AND UNITED STATES OF AMERICA, DEFENDANT-APPELLANT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued August 6, 1956.
Decided September 4, 1956.
Attorney(s) appearing for the Case
Mr. Charles A. Hoens, Jr., argued the cause for appellant United States of America (Mr. Raymond Del Tufo, Jr., attorney).
Mr. Gustave A. Peduto argued the cause for plaintiffs-respondents (Mr. Charles A. Rooney, attorney).
Mr. Harry Nadell argued the cause for defendants-respondents Dan Kommit, Andrew Consiglio, New Jersey Enameling Corporation, J. Turco Paving Contractor, Inc., Matty Lee, trading as Lee Electric Co., Brunell Lumber & Millwork Co., Peter Giaccio, trading as Star Roofing Co., Edmund Engelke and Ernest J. Sonzogni, trading as Sonzogni-Engelke Co., Clark Door Company, Inc., and Selvin Israel and Emilie Israel, trading as Union Glass Co. (Mr. Joseph L. Conn, on the brief).
Before Judges SPEAKMAN, ARTASERSE and HANEMAN.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by HANEMAN, J.S.C. (temporarily assigned).
On September 12, 1951 the District Director of Internal Revenue at Newark, New Jersey, received an assessment list from the Commissioner of Internal Revenue, which list demonstrated that Leone Construction Company, Inc. (hereinafter referred to as Leone) owed the United States withholding taxes on the second quarter of 1951 payrolls in...
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