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SCHAEFER v. WELCH

Civ. No. 3255.

148 F.Supp. 253 (1956)

James G. SCHAEFER, Plaintiff, v. Russell A. WELCH, District Director of Internal Revenue, Defendant, United States of America, Intervenor.

United States District Court S. D. Ohio, W. D.

December 10, 1956.

Attorney(s) appearing for the Case

Joseph S. Platt, Porter, Stanley, Treffinger & Platt, Columbus, Ohio, for plaintiff.

Hugh K. Martin, U. S. Atty. for the Southern District of Ohio, Columbus, Ohio, Richard H. Pennington, Asst. U. S. Atty., Cincinnati, Ohio, for defendant.

DRUFFEL, District Judge.

Findings of Fact

1. During 1952 and until some time after March 15, 1953, James G. Schaefer (hereinafter referred to as "the plaintiff") was in military service and residing at 407 Wiltshire Boulevard, Dayton, Ohio.

2. On or before March 17, 1953, the plaintiff filed his Federal income tax return for the calendar year 1952 on Form 1040 with the defendant, Russell A. Welch, then Director of Internal Revenue at Cincinnati,...

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