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SUNSWICK CORPORATION v. UNITED STATES

160 F.Supp. 856 (1958)

The SUNSWICK CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

February 14, 1958.

Attorney(s) appearing for the Case

Spencer & Iserman, New York City (Richard H. Tunstead, New York City, of counsel), for plaintiff.

Paul W. Williams, U. S. Atty., for S. D. New York, New York City (Joseph DeFranco, Asst. U. S. Atty., New York City, of counsel), for defendant.

CASHIN, District Judge.

This is an action for refund of taxes allegedly overpaid for the fiscal year ending June 30, 1943, by Subway Construction Corporation (Subway). Plaintiff, The Sunswick Corporation, is the successor by merger to Subway and sues only by virtue of rights derived from Subway.

The taxpayer demands judgment in the amount of $34,509.91 made up of $23,081.61 income taxes, declared value excess profits taxes and excess profits taxes for the...

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