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NATIONAL BANK OF COMMERCE OF NORFOLK v. UNITED STATES

Civ. A. No. 2268.

158 F.Supp. 887 (1958)

NATIONAL BANK OF COMMERCE OF NORFOLK, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. Virginia, Norfolk Division.

February 4, 1958.

Attorney(s) appearing for the Case

Charles L. Kaufman and William P. Oberndorfer, Norfolk, Va., for plaintiff.

L. S. Parsons, Jr., U. S. Atty., William F. Davis, Asst. U. S. Atty., Norfolk, Va., Charles K. Rice, Asst. Atty. Gen., James P. Garland and Gerard J. O'Brien, Attys., Dept. of Justice, Washington, D. C., for defendant.

HOFFMAN, District Judge.

Plaintiff has instituted this action seeking the recovery of federal income and excess profit taxes, together with interest thereon, assessed and collected from plaintiff for the calendar years 1950 and 1951, in the aggregate principal sum of $22,306.87.1

Section 113(a) (7) of the Internal Revenue Code of 1939 (26 U.S.C.A. § 113) provides that the tax consequences arising out of prior year reorganizations...

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