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SILVER v. UNITED STATES

Civ. No. 8055.

202 F.Supp. 1 (1962)

Sam SILVER and Mary Silver, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court N. D. New York.

January 9, 1962.

Attorney(s) appearing for the Case

Rubin & Levey, Rochester, N. Y., for plaintiffs.

Justin J. Mahoney, U. S. Atty., Albany, N. Y., for defendant, R. Michael Duncan, Atty., Dept. of Justice, Washington, D. C., of counsel, Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, Jerome Fink, R. Michael Duncan, Attys., Dept. of Justice, Washington, D. C., on the brief.

BRENNAN, Chief Judge.

The trial of this non-jury tax refund case leaves two questions for decision. (1) The legality of the assessment and collection of interest upon the amount of a jeopardy tax assessment which included an item of interest computed to the date of such assessment. The collection of interest upon interest is the crux of this question. (2) The legal propriety of the assessment and collection of interest upon...

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