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GREEN LAWN MEMORIAL PARK, INC. v. McDONALD

Civ. A. Nos. 4457, 5133.

164 F.Supp. 438 (1958)

GREEN LAWN MEMORIAL PARK, INC., Plaintiff, v. Joseph T. McDONALD, Collector of Internal Revenue, Defendant. GREEN LAWN MEMORIAL PARK, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court M. D. Pennsylvania.

July 10, 1958.

Attorney(s) appearing for the Case

Carlon M. O'Malley, Scranton, Pa., Henry D. O'Connor, Philadelphia, Pa., for plaintiff.

Daniel H. Jenkins, U. S. Atty., Scranton, Pa., Fred J. Neuland, Sp. Asst. to Atty. Gen., for defendants, Joseph T. McDonald and United States.

JOHN W. MURPHY, Chief Judge.

In these two actions, plaintiff, a Pennsylvania cemetery corporation, organized for profit—Act of 1933, 15 Purdon's Pa.Stat.Ann. §§ 2852-1, 2, 209— and having its place of business in this district, seeks to recover money allegedly erroneously and illegally assessed and paid under protest on its income tax liability for its first fiscal year ending September 30, 1947.1 By stipulation...

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