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JACOBS BROTHERS, INC. v. UNITED STATES

No. 630-53.

146 F.Supp. 222 (1956)

JACOBS BROTHERS, Inc. v. The UNITED STATES.

United States Court of Claims.

November 7, 1956.

Attorney(s) appearing for the Case

Morris Fedder, Baltimore, Md., for plaintiff. Martin Fedder, Baltimore, Md., was on the brief.

J. W. Hussey, Washington, D. C., with whom was Asst. Atty. Gen. Charles K. Rice, for defendant. Andrew D. Sharpe, Washington, D. C., was on the brief.

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

MADDEN, Judge.

The plaintiff filed fraudulent income and excess profits tax returns for each of the years 1943, 1944, and 1945. The frauds were discovered and the Commissioner of Internal Revenue in 1951 assessed increased excess profits taxes for those years on the basis of the plaintiff's true income. He also, acting pursuant to section 293(b) of the Internal Revenue Code of 1939, 26 U.S.C. (1952 Ed.) § 293, assessed a 50 percent fraud penalty upon the deficiencies...

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