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FAILLA v. UNITED STATES

Civ. No. 935.

188 F.Supp. 798 (1960)

Marian FAILLA, individually, and the National Newark and Essex Banking Company of Newark and Marian Failla, as Co-Executors under the Last Will and Testament of Anthony Failla, deceased, Plaintiffs, v. UNITED STATES of America, and the Reconstruction Finance Corporation, an agency of the United States of America, Defendants.

United States District Court D. New Jersey.

November 18, 1960.

Attorney(s) appearing for the Case

Robert R. Daly, Newark, N. J., for plaintiffs.

Charles K. Rice, Asst. Atty. Gen., James P. Garland, Rufus E. Stetson, Jr., Lyle M. Turner, Dept. of Justice, Washington, D. C., Chester A. Weidenburner, U. S. Atty., Dist. of New Jersey, Newark, N. J., for defendants.

WILLIAM F. SMITH, Chief Judge.

This is an action to recover internal revenue taxes, to wit, the income and victory taxes for the fiscal year 1943, alleged to have been erroneously assessed and collected. The jurisdiction of the Court is invoked under Section 1346(a) (1) of Title 28 U.S.C.A., as amended. The only issue presented for determination is one of law.

Facts.

The plaintiff Marian Failla and her deceased husband Anthony Failla, hereinafter...

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