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JUBACK v. U. S. COM'R, INTERNAL REVENUE SERVICE

80 Civ. 5040 (KTD).

526 F.Supp. 78 (1981)

Robert W. JUBACK, Plaintiff, v. U. S. COMMISSIONER, INTERNAL REVENUE SERVICE, Defendant.

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

September 30, 1981.

Attorney(s) appearing for the Case

Robert W. Juback, pro se.

John S. Martin, Jr., U. S. Atty. for S. D. New York, New York City, for defendant; Steven E. Obus, Asst. U. S. Atty., New York City, of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

In this action to recover an overpayment of income tax paid for the calendar year 1975 in the amount of $2,958.54, the defendant United States1 moves for summary judgment dismissing the complaint. The plaintiff asserts that he suffered a theft loss during the taxable year 1975 which he never claimed on his taxes. The circumstances surrounding this alleged theft are not...

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