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DUNN v. UNITED STATES

No. 77 Civil 2664.

468 F.Supp. 991 (1979)

Stewart A. DUNN, Jr., Plaintiff, v. UNITED STATES of America, Defendant.

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

March 12, 1979.

Attorney(s) appearing for the Case

Kronish, Lieb, Shainswit, Weiner & Hellman, New York City, for plaintiff; Stephen D. Gardner, Laurence J. Kaiser, David E. Cowling, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for defendant; David M. Jones, Asst. U. S. Atty., New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

Plaintiff Stewart Dunn, a securities analyst and salesman at the time of the events described herein, who was also engaged in the business of farming in the 1960s, commenced this action against the United States to recover an alleged overpayment of taxes in the amount of $17,879.14.1 This sum represents an assessment against him by the Internal Revenue Service ("IRS" or

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