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ENTENMANN'S BAKERY, INC. v. UNITED STATES

No. 77 C 931.

465 F.Supp. 1118 (1979)

ENTENMANN'S BAKERY, INC., Plaintiff, v. UNITED STATES of America, Defendant.

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

February 20, 1979.

Attorney(s) appearing for the Case

Otterbourg, Steindler, Houston & Rosen, P. C., Garden City, N. Y. (Abraham Kaplan, Garden City, N. Y., of counsel), for plaintiff.

M. Carr Ferguson, Asst. Atty. Gen., Washington, D. C. (Jerome Fink and Judith Ann Jacobson, Tax Div., Dept. of Justice, Washington, D. C., of counsel), Edward R. Korman, U. S. Atty., Brooklyn, N. Y. (Rodger C. Field, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for defendant.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

Plaintiff brought this action to recover $4,499.48 of allegedly overpaid employer's taxes for the calendar year 1973 under the Federal Insurance Contributions Act. After filing a return for 1973 plaintiff allegedly discovered it had erroneously failed to exclude from the wages paid to employees the "sick pay" not includable as "wages" upon which the tax is calculated. Plaintiff's claim for refund was rejected...

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