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MOVIELAB, INC. v. UNITED STATES

No. 97-72.

494 F.2d 693 (1974)

MOVIELAB, INC., as Successor to Movielab Color Corporation v. The UNITED STATES.

United States Court of Claims.

March 20, 1974.

Attorney(s) appearing for the Case

James B. Lewis, New York City, attorney of record, for plaintiff. Peter J. Rothenberg and Robert Thornton Smith, New York City, of counsel.

Kenneth R. Boiarsky, Washington, D. C., with whom was Asst. Atty. Gen. Scott P. Crampton, for defendant. Gilbert E. Andrews, Jr., and Joseph Kovner, Washington, D.C., of counsel.

Before NICHOLS, KASHIWA, and KUNZIG, Judges.

OPINION

KASHIWA, Judge.*

This is a suit for the refund of federal income taxes paid for the years 1963 and 1966 in the amounts of $20,615 and $954,849, respectively, plus interest as provided by law. For reasons hereinafter stated, we hold for the plaintiff and against the defendant.

The essential stipulated facts may be summarized as follows. Movielab Color Corporation (hereinafter...

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