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ROBERTO v. UNITED STATES

No. 66 Civ. 1139.

357 F.Supp. 862 (1973)

Ruperto ROBERTO, t/a Caborrojeno Caterers, Plaintiff, v. UNITED STATES of America, Defendant.

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

March 29, 1973.

Attorney(s) appearing for the Case

Eisenberg & Solomon, Lake Success, N. Y., for plaintiff; Leonard M. Speier, of counsel.

Whitney North Seymour, Jr., U. S. Atty., S.D.N.Y., for defendant; Joseph D. Danas, V. Pamela Davis, Asst. U. S. Attys., of counsel.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

LEVET, District Judge.

This is an action to recover $250.00 paid by plaintiff under protest in partial satisfaction of a cabaret excise tax assessment levied by the District Director of Internal Revenue in the amount of $164,741.77 for the calendar periods from July 1, 1958 through December 31, 1961. The United States counterclaims for the unpaid balance of the assessment,

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