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STANDARD OIL COMPANY (NEW JERSEY) v. McMAHON

139 F.Supp. 690 (1956)

STANDARD OIL COMPANY (NEW JERSEY), Plaintiff, v. Denis J. McMAHON, individually and as District Director of Internal Revenue, Lower Manhattan, Defendant.

United States District Court S. D. New York.

February 27, 1956.

Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for plaintiff, D. Nelson Adams and John N. Stull, New York City, of counsel.

Thomas B. Gilchrist, Jr., Chief U. S. Atty. for the Southern District of New York, New York City, for defendant, Howard A. Heffron, Asst. U. S. Atty., New York City, of counsel.

HERLANDS, District Judge.

Plaintiff-taxpayer commenced this action1 on March 21, 1955 to enjoin defendant-District Director of Internal Revenue from collecting or attempting to collect from plaintiff any part of two certain assessments of interest on deficiencies in plaintiff's consolidated excess profits tax returns for the calendar years 1943 and 1944.

The decisive question in this case is raised by defendant's motion...

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