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DALEY v. UNITED STATES

No. 31758.

139 F.Supp. 376 (1956)

John P. DALEY, Minerva B. Daley, Morris Daley, Zelma B. Daley, William Radtke, Clara Radtke, and Homer Bosse, Trustee of the Estates of Morris K. Daley, Alice M. Daley, Susan R. Daley, James D. Daley, Kathryn F. Daley and Peter D. Daley, Plaintiffs, v. The UNITED STATES of America, Defendant.

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

February 29, 1956.

Attorney(s) appearing for the Case

Eric Sutcliffe, William D. McKee, Orrick, Dahlquist, Herrington & Sutcliffe, San Francisco, Cal., for plaintiffs.

Lloyd H. Burke, U. S. Atty., Lynn Gillard, Asst. U. S. Atty., San Francisco, Cal., H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Allen A. Bowden, Attys., Dept. of Justice, Washington, D. C., for defendant.

GOODMAN, District Judge.

This is an action for the refund of income taxes paid for the year 1942, on the ground that the income reported for that year should properly have been reported for the year 1943 when it would have been substantially offset by certain losses. The income in question in its entirety represented the receipts from a Government contract for the construction, during World War II, of a Japanese Relocation Center at Delta, Utah. This contract was...

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