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M. FINE & SONS MANUFACTURING CO. v. UNITED STATES

No. 384-56.

168 F.Supp. 769 (1958)

M. FINE & SONS MANUFACTURING CO., Inc. v. UNITED STATES.

United States Court of Claims.

December 3, 1958.

Attorney(s) appearing for the Case

Sheila M. Roehner, New York City, for plaintiff. Simon Gluckman, New York City, on the brief.

George Willi, III, Washington, D. C., Charles K. Rice, Asst. Atty. Gen., for defendant. James P. Garland, Baltimore, Md., on the brief.

MADDEN, Judge.

This suit involves a claim for refund of income and excess profits taxes which are alleged to have been erroneously collected from plaintiff for the years and in the amounts as follows:

  1943 .................. $ 6,104.51
  1944 ..................   8,461.13
  1945 ..................  12,917.93
  1946 ..................   2,497.83

While the years in question are admittedly barred by section 322(b) of the Internal Revenue...

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