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WARNECKE v. UNITED STATES

No. 64 Civ. 199.

256 F.Supp. 800 (1966)

George W. WARNECKE, individually and as Executor of the Estate of Catherine M. Warnecke, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

June 7, 1966.

Attorney(s) appearing for the Case

Sage, Gray, Todd & Sims, New York City, for plaintiff; George W. McGrath, Jr., of counsel.

Robert M. Morgenthau, U. S. Atty. Southern District of New York, for defendant; Laurence Vogel, Harvey R. Blau, Asst. U. S. Attys., of counsel.

LEVET, District Judge.

This is a tax refund suit brought by George W. Warnecke individually and as executor of the estate of his wife, Catherine M. Warnecke, to recover income taxes paid for the calendar years 1953, 1954 and 1955. The respective amounts sought are $2,243.05, $23,356.38 and $24,593.73 for a total of $50,193.16, with interest.

After hearing the testimony of the parties, examining the exhibits, pleadings, briefs and Proposed Findings of Fact...

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