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WHEELER v. MARCELLE

Civ. A. No. 10273.

90 F.Supp. 1001 (1950)

WHEELER v. MARCELLE, Collector of Internal Revenue.

United States District Court E. D. New York.

June 16, 1950.

Attorney(s) appearing for the Case

Bleakley, Platt, Gilchrist & Walker, New York City (Horace N. Taylor, George Levitus, George Q. Slocum and Bouvier Beale, all of New York City, of counsel), for plaintiff.

J. Vincent Keogh, United States Attorney, Brooklyn, N. Y. (Nathan Borock, Assistant U. S. Attorney, Brooklyn, N. Y., of counsel), for defendant.

BYERS, District Judge.

These are cross motions for summary judgment in a cause containing no contested issues of fact.

The action is to recover an alleged overpayment of personal income taxes for the years 1942 and 1943 of $11695.33 with interest, and is based upon the disallowance as a deduction for a bad debt of $21142.93 principal and $7157.07 interest, which together amount to $28300.00.

That sum was...

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