POLOK'S FRUTAL WORKS, INC. v. UNITED STATES


176 F.Supp. 521 (1959)

POLAK'S FRUTAL WORKS, INC., Plaintiff, v. UNITED STATES of America, Defendant. UNITED STATES of America, Plaintiff, v. POLAK'S FRUTAL WORKS, INC., Defendant.

United States District Court S. D. New York.

September 23, 1959.


Attorney(s) appearing for the Case

I. Herman Sher, New York City, for taxpayer.

Arthur H. Christy, Morton S. Robson, New York City, for United States.


THOMAS F. MURPHY, District Judge.

Plaintiff taxpayer seeks a return of income and excess profit taxes which it claims were illegally assessed and paid for the year 1944. The claim arises because the commissioner disallowed a deduction of $160,000 as an ordinary and necessary business expense which the taxpayer had accrued on its books.

Although the sole issue is whether or not the deduction was proper, a massive stipulation of facts has been submitted, most...

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