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HAYDEN PUBLISHING COMPANY v. UNITED STATES

No. 391-61.

341 F.2d 646 (1965)

HAYDEN PUBLISHING COMPANY, Inc. v. The UNITED STATES.

United States Court of Claims.

February 19, 1965.

Attorney(s) appearing for the Case

Edmund C. Grainger, Jr., New York City, for plaintiff. O'Brien, Driscoll & Raftery, New York City, of counsel.

Philip I. Brennan, Washington, D. C., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for defendant. Benjamin H. Pester, C. Moxley Featherston, Lyle M. Turner, and Philip R. Miller, Washington, D. C., were on the briefs.

Before COWEN, Chief Judge, LARAMORE, DURFEE, and DAVIS, Judges, and WHITAKER, Senior Judge.

WHITAKER, Senior Judge.

This is a corporate taxpayer's action to recover one-half of the interest assessed by the Commissioner of Internal Revenue in connection with its corporate income tax return for its fiscal year ending August 31, 1958.

On or about November 12, 1958, the plaintiff filed with the District Director of Internal Revenue Service, Form 7004, "Application for Automatic Extension of Time to File U. S. Corporation Income Tax Return," requesting...

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