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GEORGE E. WARREN CO. v. UNITED STATES

Civ. A. No. 1779.

53 F.Supp. 578 (1944)

GEORGE E. WARREN CO. v. UNITED STATES.

District Court, D. Massachusetts.

January 28, 1944.

Attorney(s) appearing for the Case

Thomas H. Walsh, of Boston, Mass., and Robert P. Smith, William Ristig, and Smith, Deibert & Ristig, all of Washington, D. C., for plaintiff.

Harold D. Cohen, Sp. Asst. to Atty. Gen. (Samuel O. Clark, Jr., Asst. Atty. Gen., Edmund J. Brandon, U. S. Atty., and George F. Garrity, Asst. U. S. Atty., both of Boston, Mass, and Andrew D. Sharpe, Sp. Asst. to Atty. Gen., on the brief), for defendant.

SWEENEY, District Judge.

In this action the taxpayer seeks to recover income taxes which it alleges were collected from it illegally. The taxes were paid under the Revenue Act of 1936, 26 U.S.C.A. Int.Rev.Acts, page 819 et seq., but the taxpayer seeks to have the benefit of the Revenue Act of 1942, 26 U.S.C.A. Int.Rev.Acts, which was made retroactively applicable to the 1936 Act. The Government denies that the taxes were...

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