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CONTINENTAL BANK & TRUST CO. v. UNITED STATES

19 F.Supp. 15 (1937)

CONTINENTAL BANK & TRUST CO. OF NEW YORK v. UNITED STATES.

District Court, S. D. New York.

April 9, 1937.

Attorney(s) appearing for the Case

Friedman & Friedman and Bernhard Knollenberg, all of New York City (Hyman R. Friedman, Lord, Day & Lord, and Harry J. Rudnick, all of New York City, of counsel), for plaintiff.

Lamar Hardy, U. S. Atty., of New York City, for the Southern District of New York (Malcolm A. Crusius, Asst. U. S. Atty., of New York City, of counsel), for defendant.

CLANCY, District Judge.

This is an action against the United States based upon refund claims to recover taxes paid for the fiscal year ending May 31, 1929. There are two causes of action. In the first cause of action the plaintiff seeks to recover $54,962.37 and interest upon the ground that its income was improperly taxed as that of an association, whereas it should have been taxed as income of a trust. In the second cause of action plaintiff seeks the recovery of...

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