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SLIFKA v. JOHNSON

146 F.Supp. 249 (1956)

Irving SLIFKA, Plaintiff, v. James W. JOHNSON, formerly Collector of Internal Revenue for the Third District of New York, Defendant. Abraham SLIFKA, Plaintiff, v. James W. JOHNSON, formerly Collector of Internal Revenue for the Third District of New York, Defendant.

United States District Court S. D. New York.

December 4, 1956.

Attorney(s) appearing for the Case

Willkie, Owen, Farr, Gallagher & Walton, Vincent R. FitzPatrick, New York City, Nicholas J. Sheppard, Brooklyn, N. Y., of counsel, for plaintiffs.

Paul W. Williams, U. S. Atty. for the Southern Dist. of New York, New York City, John H. Carroll, Asst. U. S. Atty., New York City, of counsel, for defendant.

McGOHEY, District Judge.

The defendant moves for summary judgments in these actions which have been consolidated for trial.

The plaintiffs are seeking to recover taxes paid pursuant to deficiency assessments levied in October, 1948 for the years 1944, 1945 and 1946. Claims for refund were disallowed. The complaints allege that the assessments were based on "the erroneous finding" that income from a family partnership organized in April, 1943, attributed on...

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