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LITCHFIELD SECURITIES CORPORATION v. UNITED STATES

216 F.Supp. 801 (1963)

LITCHFIELD SECURITIES CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

March 28, 1963.

Attorney(s) appearing for the Case

McCanliss & Early, New York City, for plaintiff. Joseph F. Monaghan, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for the Southern Dist. of New York, for defendant. Morton L. Ginsberg, New York City, of counsel.

DAWSON, District Judge.

This is an action to recover the sum of $8,599.76, plus interest, paid by the plaintiff corporation upon a deficiency asserted by the Commissioner of Internal Revenue for the taxable year 1957. Both sides have moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. There are no material issues of fact in dispute and the controversy stems solely from conflicting interpretations of section 545(b) (5) (B)

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