PETSCHEK v. UNITED STATES


223 F.Supp. 497 (1963)

Viktor PETSCHEK and Mary Petschek, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

October 14, 1963.


Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City, for plaintiffs; M. Bernard Aidinoff, Kendyl K. Monroe, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York, for the United States; Bruno Lederer, Asst. U. S. Atty., of counsel.


LEVET, District Judge.

This is an action for the refund of federal income taxes in the amount of $4,897.03 which plaintiffs claim were erroneously collected from them for the years 1955 and 1956.

Both plaintiffs and defendant have moved for summary judgment.

FACTS

The facts are set forth in a stipulation entered into between the parties and may be summarized as follows:

Viktor and Mary Petschek, husband and wife, filed joint...

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