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TIME, INCORPORATED v. UNITED STATES

226 F.Supp. 680 (1964)

TIME, INCORPORATED, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

February 19, 1964.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore, New York City, for plaintiff; George G. Tyler, David G. Ormsby, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., Southern District of New York, for defendant; Robert Arum, Asst. U. S. Atty., of counsel.

LEVET, District Judge.

The plaintiff-taxpayer, Time, Inc., seeks by this tax refund action to recover $61,451.40 assessed by the Commissioner as interest on an income tax deficiency of the taxpayer for the year 1944. Time paid the interest assessed and preserved its right to recover the amount by the timely filing of claims for refund. Both the plaintiff and defendant move for summary judgment.

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