JACOBS v. UNITED STATES

No. 69 Civ. 3035.

334 F.Supp. 388 (1971)

William K. JACOBS, Jr. and Edna L. Jacobs, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, S. D. New York.

November 15, 1971.


Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton, New York City (George E. Cleary, Leslie B. Samuels, Clifford P. Case, III, New York City, of counsel), for plaintiffs.

Whitney N. Seymour, Jr., U. S. Atty., Southern District of New York (Daniel H. Murphy, II, Asst. U. S. Atty., of counsel), for United States of America.


TYLER, District Judge.

This is an action brought by William K. Jacobs, Jr. and his wife, Edna L. Jacobs, seeking a refund of income taxes and interest from the date of payment. This court has jurisdiction pursuant to 28 U.S.C. § 1346(a) (1).

Plaintiffs and defendant ("the Internal Revenue Service" or "the IRS") have cross moved for summary judgment under Rule 56, Fed.R.Civ.P. There are no genuine issues of material fact; accordingly, the case is ripe...

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