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ROSENGARTEN v. UNITED STATES

Nos. 307-56, 308-56.

181 F.Supp. 275 (1960)

Herbert ROSENGARTEN v. UNITED STATES. David ROSENGARTEN v. UNITED STATES.

United States Court of Claims.

March 2, 1960.

Attorney(s) appearing for the Case

Bernard Weiss, New York City, for plaintiffs.

H. S. Fessenden, Washington, D. C., with whom was Charles K. Rice, Asst. Atty. Gen., James P. Garland and M. Carr Ferguson, Washington, D. C., on the brief, for defendant.

JONES, Chief Judge.

These actions for the recovery of income taxes for the year 1945, $34,837.90 plus interest as to plaintiff Herbert Rosengarten, and $16,164.38 plus interest as to plaintiff David Rosengarten, have been consolidated by stipulation because of the similarity of the questions presented.

During the years 1944 and 1945 plaintiffs were members of a family partnership, the Herbert Manufacturing Co. of New York City. Each filed a Federal income...

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