TRAINER v. UNITED STATES

Civ. A. No. 19076.

145 F.Supp. 786 (1956)

Ray R. TRAINER et ux. v. UNITED STATES of America.

United States District Court E. D. Pennsylvania.

November 7, 1956.


Attorney(s) appearing for the Case

Robert Margolis, Bethlehem, Pa., Frank J. Albus, Washington, D. C., for plaintiffs.

W. Wilson White, U. S. Atty., for Eastern District of Pennsylvania, Philadelphia, Pa., and with him Charles K. Rice, Asst. Atty. Gen., Andrew D. Sharpe, Frederick G. Rita, Attorneys, Dept. of Justice, Washington, D. C., Fred Elledge, Jr., U. S. Atty., Nashville, Tenn., for U. S.


KRAFT, District Judge.

The Commissioner of Internal Revenue assessed income tax deficiencies, penalties and interest against the plaintiffs for the years 1948, 1949 and 1950. The plaintiffs paid the amounts so assessed, filed claims for refund and, upon rejection of the latter, brought this suit to recover the total so paid. After defendant answered, plaintiffs filed the present motion that the court (1) determine preliminarily...

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