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MUTUAL LIFE INS. CO. OF NEW YORK v. UNITED STATES

No. 49062.

110 F.Supp. 606 (1953)

MUTUAL LIFE INS. CO. OF NEW YORK v. UNITED STATES.

United States Court of Claims.

March 3, 1953.

Attorney(s) appearing for the Case

Joseph V. Lane, Jr., and Zachary H. Wolff, New York City, Haughton Bell and Vincent Keane, New York City, on the briefs, for plaintiff.

H. S. Fessenden, Washington, D. C., Charles S. Lyon, Asst. Atty. Gen., Andrew D. Sharpe and Ellis N. Slack, Washington, D. C., on the brief, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

WHITAKER, Judge.

Plaintiff sues to recover the amount which it had to pay for stamps which the Bureau of Internal Revenue ruled should have been affixed to certain deeds received by it from mortgagors who had defaulted in the payment of the mortgage debt. Forty-four deeds are involved. The deeds were given in lieu of foreclosure proceedings. They were all executed between February 2, 1938 and December 31, 1941.

Section 3480 of the Internal Revenue Code levies...

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