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BENJAMIN v. HOEY

47 F.Supp. 158 (1942)

BENJAMIN et al. v. HOEY.

District Court, S. D. New York.

September 15, 1942.

Attorney(s) appearing for the Case

Wellman, Smyth & Lowenstein, of New York City (Thomas J. Kiernan, of New York City, of counsel), for plaintiff.

Mathias F. Correa, U. S. Atty., of New York City (Sydney B. Wertheimer, Asst. U. S. Atty., of New York City, of counsel), for defendant.

BRIGHT, District Judge.

This action is to recover $12,970.72, with interest from August 4, 1934, being the amount of a deficiency assessment for income taxes levied against plaintiffs' testator for the year 1932 and paid by him pursuant to notice and demand on the date mentioned. The facts are stipulated.

During 1932 testator was the senior partner of the firm of Benjamin & Ferguson, stock brokers, which firm was engaged in the business of buying and selling...

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