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TOWN OF FAIRHAVEN, MASS. v. UNITED STATES

No. 8-54.

142 F.Supp. 590 (1956)

The TOWN OF FAIRHAVEN, MASS., The Millicent Library and the Fairhaven Water Company v. The UNITED STATES.

United States Court of Claims.

July 12, 1956.

Attorney(s) appearing for the Case

Allen G. Gartner, Washington, D. C., for plaintiffs.

Gilbert E. Andrews, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. Andrew D. Sharpe, Washington, D. C., was on the brief.

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

LITTLETON, Judge.

The plaintiffs1 brought this suit to recover Federal income taxes paid by the Fairhaven Water Company for the years 1945, 1946, 1947, 1948, and 1950, under the provisions of section 116(d) of the Internal Revenue Code of 1939, as amended. 26 U.S.C. § 116(d).

The facts as found by the commissioner of this court are not in dispute. The Town of Fairhaven, Massachusetts...

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