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M. DeMATTEO CONSTRUCTION CO. v. UNITED STATES

Civ. A. No. 68-761-C.

310 F.Supp. 1313 (1970)

M. DeMATTEO CONSTRUCTION CO., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Massachusetts.

March 23, 1970.

Attorney(s) appearing for the Case

Herman Snyder, Jack Green, Snyder, Tepper, Berlin & Katz, Boston, Mass., for plaintiff.

Herbert F. Travers, Jr., U. S. Atty., Joseph A. Lena, Asst. U. S. Atty., Thomas Wechter, Dept. of Justice, Tax Division, Washington, D. C., for defendant.

OPINION

CAFFREY, District Judge.

This is a civil action in which plaintiff, a corporation organized under the laws of the Commonwealth of Massachusetts, seeks to recover the sum of $57,009.21, consisting of a deficiency of $20,747.85 assessed for the calendar year 1962, a deficiency of $19,191.77 assessed for the calendar year 1963, and a deficiency of $17,069.59 assessed for the calendar year 1964, by the Commissioner of Internal

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