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KOHNSTAMM v. PEDRICK

62 F.Supp. 142 (1945)

KOHNSTAMM v. PEDRICK, Collector of Internal Revenue.

District Court, S. D. New York.

July 9, 1945.

Attorney(s) appearing for the Case

Osmond K. Fraenkel, of New York City (Charles H. Levitt, of New York City, of counsel), for plaintiff.

James B. M. McNally, U. S. Atty., and Marvin M. Notkins, Asst. U. S. Atty., both of New York City, for defendant.

NEVIN, District Judge (Sitting by Designation).

In this action plaintiff seeks to recover the sum of $80,435.46,1 with interest, alleged to have been overpaid as federal income taxes for the taxable years 1939, 1940 and 1941. Taxes in the principal amount of $72,661.13 were paid by plaintiff on March 4, 1943. On the following day plaintiff paid interest in the sum of $7,774.33.

On April 30, 1943, plaintiff duly filed claims for...

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