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CHARLES DREIFUS COMPANY v. UNITED STATES

Civ. A. Nos. 15224, 15223, 15225.

140 F.Supp. 499 (1956)

CHARLES DREIFUS COMPANY, a corporation v. UNITED STATES of America. Walter S. GATES and Pauline Gates, his wife v. UNITED STATES of America. Hiram WINTERNITZ, Jr. v. UNITED STATES of America.

United States District Court E. D. Pennsylvania.

March 16, 1956.

Attorney(s) appearing for the Case

George V. Strong, Philadelphia, Pa., for plaintiffs.

W. Wilson White, U. S. Atty., Philadelphia, Pa., David W. Richter, Sp. Asst. to Atty. Gen., for defendant.

GANEY, District Judge.

This case involves three consolidated actions to recover assessed income tax deficiencies paid under protest. The bases for the assessments were the Commissioner of Internal Revenue's disallowances of (1) long term capital gains reported by the individual taxpayers which the Commissioner considered as being in substance dividends received by them, and (2) a capital loss on the ground that actually...

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