KALBFLEISCH, District Judge.
This is an action under 28 U.S.C.A. 1346(a) (1) for the recovery of Federal income taxes alleged to have been erroneously or illegally assessed and collected from plaintiffs for the year 1951.
On December 11, 1944, plaintiff John M. Briley entered into a 99-year "proprietary lease" with One East End Avenue Corporation (hereinafter referred to as Corporation) for a penthouse apartment. At the time the lease was executed said plaintiff...
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