PHŒNIX ELECTRONICS v. UNITED STATES

Civ. A. No. 56-927-A.

164 F.Supp. 614 (1958)

PHŒNIX ELECTRONICS, Inc. v. UNITED STATES of America.

United States District Court D. Massachusetts.

August 26, 1958.


Attorney(s) appearing for the Case

Lawrence M. Levinson, Boston, Mass., for plaintiff.

Andrew A. Caffrey, Asst. U. S. Atty., Boston, Mass., for defendant.


ALDRICH, District Judge.

This is an action for the recovery of income taxes, allegedly illegally assessed. All of the facts were stipulated, and the parties agreed that there were only two issues. The first one has now been disposed of by the decision in Colony, Inc., v. C. I. R., 357 U.S. 28, 78 S.Ct. 1033, 2 L.Ed.2d 1119.

The facts may be briefly summarized. Plaintiff is on a calendar year,

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