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MORGAN GUARANTY TRUST CO. OF NEW YORK v. U. S.

No. 460-73.

585 F.2d 988 (1978)

MORGAN GUARANTY TRUST COMPANY OF NEW YORK v. The UNITED STATES.

United States Court of Claims.

October 18, 1978.

Attorney(s) appearing for the Case

Lydia E. Kess, New York City, attorney of record, for plaintiff; Davis Polk & Wardwell, John A. Corry, and H. Reed Wasson, New York City, of counsel.

Robert S. Watkins, Washington, D. C., with whom was Asst. Atty. Gen. M. Carr Ferguson, Washington, D. C., for defendant; Theodore D. Peyser, Donald H. Olson, Patricia B. Tucker, and James S. Maxwell, Washington, D. C., of counsel.

Before DAVIS, KASHIWA and KUNZIG, Judges.

OPINION

KASHIWA, Judge:

This income tax refund suit is before the court upon a joint stipulation of facts. Although the legal issues presented by the case are not new, they are by their very nature difficult. After a careful review of the stipulations, exhibits, briefs, and oral arguments presented, we find plaintiff is entitled to recover with the amount of recovery to be determined in a proceeding pursuant to Rule 131(c).

The case involves two...

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