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BERNARD v. UNITED STATES

215 F.Supp. 256 (1963)

Anne V. BERNARD, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

February 27, 1963.

Attorney(s) appearing for the Case

Winick, Hoffman & Grumet, New York City, for plaintiff, Leonard Maran, Harry J. Winick, New York City, of counsel.

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

DAWSON, District Judge.

These are cross-motions brought under Rule 56 of the Federal Rules of Civil Procedure seeking summary judgment. The plaintiff seeks a refund of certain income taxes paid by her for the years 1955 through 1957. The defendant seeks judgment dismissing the action. The applicable sections of the Internal Revenue Code are set out in the margin.*

The parties have stipulated...

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