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IN RE L. GANDOLFI & CO.

No. 71935.

42 F.Supp. 706 (1940)

In re L. GANDOLFI & CO., Inc.

District Court, S. D. New York.

December 6, 1940.

Attorney(s) appearing for the Case

O'Connor & Farber, of New York City (Arnold T. Koch and Stephen V. Ryan, Jr., both of New York City, of counsel), for trustees.

William C. Chanler, Corp. Counsel, of New York City (Sol Charles Levine and Morris L. Heath, both of New York City, of counsel), for City of New York.

Robert P. Stephenson, of New York City, referee in bankruptcy.

CLANCY, District Judge.

The decision of the referee here reviewed involves calculation of alleged sales tax and the interest thereon. The bankrupt made the reports of its business, required by the Sales Tax Law, but they had not been audited. After bankruptcy ensued, the City's accountants spot-checked two months out of the forty-five included in the period during which the sales tax had been paid. Objection was made to the calculation based on the evidence of this...

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