NICKERSON LUMBER COMPANY v. UNITED STATES

No. 60-155.

214 F.Supp. 87 (1963)

NICKERSON LUMBER COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. Massachusetts.

February 8, 1963.


Attorney(s) appearing for the Case

Gerald T. O'Hara, Boston, Mass., for plaintiff.

W. Arthur Garrity, Jr., U. S. Atty., R. Michael Duncan, U. S. Dept. of Justice, Washington, D. C., for defendant.


JULIAN, District Judge.

The plaintiff, Nickerson Lumber Company, brings this action under 28 U.S.C. § 1346(a) (1) to recover $23,944.75 which it claims was erroneously assessed and collected as income taxes for the years 1954, 1955, and 1956.

The issue presented is whether certain payments made by the plaintiff to the heirs, who are also children, of its deceased founder, Oscar C. Nickerson, are deductible business expenses as contended by the plaintiff...

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