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UNITED STATES v. LIBERTY BAKING CORPORATION

25 F.Supp. 203 (1938)

UNITED STATES v. LIBERTY BAKING CORPORATION.

District Court, S. D. New York.

October 20, 1938.

Attorney(s) appearing for the Case

Lamar Hardy, U. S. Atty., of New York City (William L. Lynch, Asst. U. S. Atty., of New York City, of counsel), for plaintiff.

Olvany, Eisner & Donnelly, of New York City (Ferdinand Tannenbaum and Charles Kaufman, both of New York City, of counsel), for defendant.

PATTERSON, District Judge.

The action is one to recover $4,331.65 paid to the defendant in refund of income tax for the year 1929. A jury was waived.

For 1929 the defendant filed a consolidated return for a group of companies said to be affiliated. One of the companies in the group was Tolley Cake Corporation. The Tolley company had outstanding 1,000 shares of common stock, all owned by the defendant, and 5,160...

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