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ROCK v. UNITED STATES

64 Civ. 2448.

279 F.Supp. 96 (1968)

Daniel J. ROCK, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

January 24, 1968.

Attorney(s) appearing for the Case

Rock & Rock, New York City, for plaintiff; Nathaniel L. Rock, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., for the Southern Dist. of New York, for defendant; Richard M. Hall, Asst. U. S. Atty., of counsel.

OPINION

LEVET, District Judge.

This action is a claim for a refund of federal income taxes paid in 1955 by the plaintiff, Daniel J. Rock. The basis is a loss in the year 1957 which plaintiff proposed to carry back to the year 1955.

The defendant, United States of America, has moved pursuant to Rule 12(b) (1) of the Federal Rules of Civil Procedure for an order dismissing this complaint on the ground that this court lacks jurisdiction over the subject...

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