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AMLING-DE VOR NURSERIES v. UNITED STATES

Nos. 32613, 34096.

139 F.Supp. 303 (1956)

AMLING-DE VOR NURSERIES, Inc., a corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. California, S. D.

February 28, 1956.

Attorney(s) appearing for the Case

Samuel Taylor, Walter G. Schwartz, San Francisco, Cal., for plaintiff.

Lloyd H. Burke, U. S. Atty., Robert H. Schnacke, Asst. U. S. Atty., San Francisco, Cal., H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, David W. Richter, Attys., Dept. of Justice, Washington, D. C., for defendant.

GOODMAN, District Judge.

These are consolidated actions for the refund of income taxes paid for the fiscal years ending April 30, 1949 and April 30, 1950. The basis of plaintiff's claim is that it originally employed an erroneous and forbidden accounting method in reporting its income for the fiscal years ending April 30, 1948, 1949, and 1950, and is entitled to amend its returns appropriately.

Plaintiff was incorporated on June 27, 1947. It was and is engaged...

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