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BROIDA, STONE & THOMAS, INC. v. UNITED STATES

Civ. A. No. 1020-W.

204 F.Supp. 841 (1962)

BROIDA, STONE & THOMAS, INC., a Corporation, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court N. D. West Virginia, at Wheeling.

May 31, 1962.

Attorney(s) appearing for the Case

Charles P. Mead, Wheeling, W. Va., for plaintiff.

Robert E. Maxwell, U. S. Atty., Sheldon P. Migdal, Atty., Dept. of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, Lyle M. Turner, Philip R. Miller, Attys., Dept. of Justice, Washington, D. C., on the brief), for defendant.

PAUL, District Judge.

The plaintiff, hereinafter called "Taxpayer", seeks judgment for income taxes erroneously assessed and collected, for its fiscal year ending January 31, 1960. The case is submitted upon stipulation of facts and briefs by counsel.

Taxpayer owns and operates a department store in Parkersburg, West Virginia, and, for accounting and income tax purposes, uses the accrual method and a fiscal year ending each January 31st. For its fiscal years...

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