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CAIN v. UNITED STATES

No. 50418.

135 F.Supp. 516 (1955)

Joseph M. CAIN v. The UNITED STATES.

United States Court of Claims.

November 8, 1955.

Attorney(s) appearing for the Case

Albert B. Arbaugh, Canton, Ohio, for plaintiff.

J. W. Hussey, Washington, D. C., with whom was Asst. Atty. Gen., H. Brian Holland, for defendant. Andrew D. Sharpe and Ellis N. Slack, Washington, D. C., were on the brief.

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

JONES, Chief Judge.

This is a suit for refund of additional income taxes which plaintiff claims were improperly assessed for the years 1943 and 1944. The amount claimed as overpayment is $72,979.77.

The plaintiff has been a licensed dentist since the year 1915 and has been practicing in Canton, Ohio. Upon graduation in that year he became a partner of his father, Dr. H. O. Cain. The father, Dr. H. O. Cain, gradually withdrew from the practice of dentistry...

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