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GOUNARES BROS. & CO. v. UNITED STATES

Civ. A. Nos. 2105, 2207.

185 F.Supp. 794 (1960)

GOUNARES BROS. & CO., Inc., Plaintiff, v. UNITED STATES of America, Defendant (two cases).

United States District Court S. D. Alabama, S. D.

July 29, 1960.

Attorney(s) appearing for the Case

Vincent F. Kilborn, Abraham A. Mitchell, Mobile, Ala., for plaintiff.

Ralph Kennamer, U. S. Atty., Mobile, Ala., for defendant.

DANIEL HOLCOMBE THOMAS, District Judge.

These actions were brought by the plaintiff, Gounares Bros. & Co., Inc., against the United States of America, seeking to recover income and excess profit taxes allegedly erroneously assessed and paid for the years 1951 and 1953.1 Inasmuch as the determination of both claims rests upon the activities of a single claimant corporation and arise out of certain transactions engaged in by said

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