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FOSTER v. UNITED STATES

221 F.Supp. 291 (1963)

Thomas Browne FOSTER, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court S. D. New York.

June 25, 1963.

Attorney(s) appearing for the Case

Peter J. George, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., John Paul Reiner, Asst. U. S. Atty., of counsel, for defendant.

LEVET, District Judge.

This is a suit to recover refunds of federal income taxes erroneously paid for the taxable years 1953, 1954 and 1955. The claims of plaintiff are based upon the assertion that he was a non-resident for the required period and earned his income as a salary from the partnership Emerson Engineers of which he was a partner. Defendant asserts that plaintiff's income for the respective years was derived...

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