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REGISTER PUBLISHING COMPANY v. UNITED STATES

Civ. No. 8354.

189 F.Supp. 626 (1960)

REGISTER PUBLISHING COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Connecticut.

December 9, 1960.

Attorney(s) appearing for the Case

Curtiss K. Thompson, of Thompson, Weir & Barclay, New Haven, Conn., for plaintiff.

R. Michael Duncan, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., James P. Garland and Jerome Fink, Washington, D. C., Harry W. Hultgren, Jr., U. S. Atty., Hartford, Conn., and W. Paul Flynn, Asst. U. S. Atty., New Haven, Conn., on the brief), for defendant.

TIMBERS, District Judge.

Defendant moves, pursuant to Rule 12 (b) (1), Fed.R.Civ.P., 28 U.S.C.A., to dismiss this action for lack of jurisdiction.

The action is brought, pursuant to 28 U.S.C. § 1346, to recover $124,927.14, plus statutory interest, representing deficiencies in income tax for the years 1957 and 1958 claimed to have been erroneously assessed and collected.

The crux of the controversy is whether the taxpayer, in filing its returns...

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