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NEW YORK ATHLETIC SUPPLY CO., INC. v. U. S.

No. 76 Civ. 3337 (MEF).

450 F.Supp. 469 (1978)

NEW YORK ATHLETIC SUPPLY CO., INC., Plaintiff, v. UNITED STATES of America, Defendant.

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

April 11, 1978.

Attorney(s) appearing for the Case

Norman J. Mordkofsky, New York City, for plaintiff.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., for United States; Frederick P. Schaffer, New York City, of counsel.

MEMORANDUM

FRANKEL, District Judge.

This is an action for refund of withholding and Social Security taxes for the third quarter of 1971 paid under protest by the plaintiff. The United States has counterclaimed for taxes assessed but not paid for earlier periods extending back to 1965. The action is now before the court on the Government's motion for dismissal of the plaintiff's complaint for failure to state a

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