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UNTERMYER v. BOWERS

7 F.Supp. 347 (1934)

UNTERMYER v. BOWERS.

District Court, S. D. New York.

January 3, 1934.

Attorney(s) appearing for the Case

Guggenheimer & Untermyer, of New York City (Alvin Untermyer, Eugene Untermyer, and Harry Hoffman, all of New York City, of counsel), for plaintiff.

George Z. Medalie, U. S. Atty., of New York City (Frank Chambers, Asst. U. S. Atty., of New York City, of counsel), for defendant.

PATTERSON, District Judge.

This is a motion for judgment on the pleadings. The facts pleaded by the plaintiff may be summarized as follows: The plaintiff filed an income tax return for 1919 showing a tax of $18,626.53. He paid in due course all but $6,250 of this amount. As for the $6,250 he asked that credit be given because of alleged overpayment for 1918. This claim of credit was refused in March, 1924. It was also in March, 1924, that the Commissioner assessed...

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