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WORKMEN'S MUTUAL FIRE INS. SOC., INC. v. A'HEARN

170 F.Supp. 437 (1959)

WORKMEN'S MUTUAL FIRE INSURANCE SOCIETY, INC., Plaintiff, v. Harold B. A'HEARN, United States District Director of Internal Revenue, Defendant.

United States District Court S. D. New York.

February 17, 1959.

Attorney(s) appearing for the Case

Waldman & Waldman, New York City, for plaintiff, Louis Waldman, Seymour M. Waldman, New York City, of counsel.

Arthur H. Christy, U. S. Atty., for Southern Dist. of New York, New York City, for defendant, James McKinley Rose, Jr., Asst. U. S. Atty., New York City, of counsel.

DIMOCK, District Judge.

Plaintiff sues for the recovery of additionally assessed income taxes paid under protest. The additional assessment was based upon the disallowance of plaintiff's treatment of losses upon sales of parcels of certain real estate as capital losses instead of ordinary losses. The parcels of real estate were those acquired either by foreclosure or conveyance in lieu of foreclosure when there were defaults...

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