PHILLIPS-JONES CORPORATION v. JOHNSON


155 F.Supp. 378 (1957)

PHILLIPS-JONES CORPORATION, a New York Corporation, Plaintiff, v. James W. JOHNSON, Collector of Internal Revenue, Defendant.

United States District Court S. D. New York.

October 10, 1957.


Attorney(s) appearing for the Case

Roth & Riseman, New York City, for plaintiff, Eugene F. Roth and Mervin H. Riseman, New York City, of counsel.

Paul W. Williams, U. S. Atty., New York City, Milton E. Lacina, Asst. U. S. Atty., New York City, for defendant.


REEVES, District Judge.

The only question for decision in this case is whether plaintiff's claim for refund in the sum of $41,175.23 with interest from July 20, 1948, should be reduced in the amount of $26,562.96.

The reason for resisting the payment of the latter sum is based upon the contention by the government that the claim for refund of such amount was not timely filed. In the event the decision of the court should be in favor of the plaintiff, then...

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