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CROSS v. UNITED STATES

222 F.Supp. 157 (1963)

Ephraim CROSS and Mary Cross, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

October 8, 1963.

Attorney(s) appearing for the Case

Stanley Faulkner, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty. for Southern Dist. of New York, for defendant; Clarence M. Dunnaville, Asst. U. S. Atty., of counsel.

Zelman & Zelman, New York City, for Teachers' Union of City of New York, as amicus curiae, Benjamin M. Zelman, New York City, of counsel.

Miller, Montgomery & Spalding, New York City, for The Modern Language Assn. of America, as amicus curiae, William C. Porth, New York City, of counsel.

WYATT, District Judge.

Plaintiffs move for summary judgment in an action for the recovery of that part of their income tax for the year 1954 alleged to have been erroneously or illegally assessed or collected. 28 U.S.C. § 1346(a) (1); Fed.R.Civ.P. 56.

The action and this motion involve the deductibility of expenses of a visit in Europe by a college professor of languages. Internal Revenue Code of 1954, §...

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