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WALSH v. SHAUGHNESSY

Civil Action No. 2948.

77 F.Supp. 577 (1948)

WALSH v. SHAUGHNESSY, Collector of Internal Revenue.

District Court, N. D. New York.

April 3, 1948.

Attorney(s) appearing for the Case

Crapser & Crapser, of Massena, N. Y. (William S. Crapser, of Massena, N. Y. of counsel), for plaintiff.

Irving J. Higbee, U. S. Atty., of Syracuse, N. Y. (Frederic G. Rita, Sp. Asst. to Atty. Gen., of counsel), for defendant.

BRENNAN, District Judge.

This is an income tax litigation, the crux of which is the determination as to the existence of a partnership between husband and wife.

The plaintiff seeks in this action to recover a money judgment which represents, as he claims, an overpayment of income tax to the defendant in his official capacity as Collector of Internal Revenue for the 21st Collection District of New York.

The necessary procedural steps have been taken...

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