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MARKS v. UNITED STATES

18 F.Supp. 911 (1937)

MARKS v. UNITED STATES.

District Court, S. D. New York.

March 31, 1937.

Attorney(s) appearing for the Case

Melvyn Gordon Lowenstein and Smyth & Smyth, Jr., all of New York City (Herbert C. Smyth, of New York City, of counsel), for plaintiff.

Lamar Hardy, U. S. Atty., of New York City (Clarence W. Roberts, of New York City, of counsel), for the United States.

MANDELBAUM, District Judge.

This suit was instituted to recover $9,248.41 with interest, an alleged overpayment of plaintiff's income tax for the year 1929. This constitutes plaintiff's first cause of action (a second cause of action pleaded in this complaint was withdrawn during trial).

The evidence together with the exhibits revealed the following: The plaintiff sold one-fourth of an additional membership in the New York Stock Exchange in 1929 for the sum...

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