GOLDSMITH v. STURR

No. 80, Docket 24198.

241 F.2d 797 (1957)

Walter M. GOLDSMITH, Plaintiff-Appellant, v. Walter R. STURR, Collector of Internal Revenue, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 27, 1957.


Attorney(s) appearing for the Case

Osmond K. Fraenkel, New York City (Osmond K. Fraenkel and Samuel P. Cohen, New York City, of counsel), for plaintiff-appellant.

Paul W. Williams, U. S. Atty., for Southern Dist. of New York, New York City (Arthur B. Kramer, Asst. U. S. Atty., New York City, of counsel), for defendant-appellee.

Before CLARK, Chief Judge, WATERMAN, Circuit Judge and LEIBELL, District Judge.


LEIBELL, District Judge.

This is an appeal from a judgment dated June 6, 1956, dismissing the complaint herein, after a trial before Judge Edelstein, without a jury. The trial judge made findings of fact and conclusions of law, incorporated in a memorandum opinion that discussed the evidence and the law.

The plaintiff taxpayer instituted this action to recover a sum assessed as income taxes for 1945, which he paid...

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