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719 FIFTH AVENUE CO. v. UNITED STATES

No. J-291.

5 F.Supp. 909 (1934)

719 FIFTH AVENUE CO. v. UNITED STATES.

Court of Claims.

February 5, 1934.

Attorney(s) appearing for the Case

Frank S. Bright, of Washington, D. C. (H. Stanley Hinrichs, of Washington, D. C., on the brief), for plaintiff.

Francis T. Donahoe, of Washington, D. C., and Frank J. Wideman, Asst. Atty. Gen. (James A. Cosgrove, of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

GREEN, Judge.

The plaintiff brings this suit to recover $12,827.55, with interest thereon, alleged to have been overpaid on its income taxes for the years 1920 and 1921, and for which amount the plaintiff duly filed a claim for refund.

It appears that the plaintiff leased the premises known as 719 Fifth avenue, New York City, for 21 years from July 1, 1911, at an agreed rental of $45,000 a year from July 1, 1912, when ground rental commenced, to July 1, 1921...

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