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DAVID'S SPECIALTY SHOPS v. JOHNSON

131 F.Supp. 458 (1955)

DAVID'S SPECIALTY SHOPS, Inc., Plaintiff, v. James W. JOHNSON, Collector of Internal Revenue, Third District, New York, Defendant.

United States District Court S. D. New York.

May 20, 1955.

Attorney(s) appearing for the Case

Brozan & Holman, New York City, for plaintiff, Aaron Holman, New York City, of counsel.

J. Edward Lumbard, U. S. Atty. for the Southern Dist. of N. Y., New York City, for defendant, Maurice N. Nessen, Asst. U. S. Atty., New York City, of counsel.

PALMIERI, District Judge.

This action is brought to recover $49,653.11 representing an alleged overpayment of income and excess profits taxes for the fiscal year ended July 31, 1943. The plaintiff filed a consolidated return for the said fiscal year with the D & H Israel Holding Corp. (Holding Corp.) in which the plaintiff deducted from its net income a net loss of Holding Corp. This deduction was disallowed, a deficiency was determined and paid, and plaintiff...

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