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SHAPIRO v. UNITED STATES

Civ. A. No. 61-71.

227 F.Supp. 822 (1964)

Carl SHAPIRO and Ruth Shapiro, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Massachusetts.

March 31, 1964.

Attorney(s) appearing for the Case

John M. Doukas, Boston, Mass., Brown, Rudnick, Freed & Gesmer, Boston, Mass., of counsel, Jack H. Calechman, Boston, Mass., for plaintiff.

W. Arthur Garrity, Jr., U. S. Atty., Thomas P. O'Connor, Asst. U. S. Atty., Boston, Mass., Louis F. Oberdorfer, Asst. Atty. Gen., Edward S. Smith, David A. Wilson, Jr., Thomas F. Field, Department of Justice, Washington, D. C., for defendant.

JULIAN, District Judge.

Plaintiffs brought this action under 28 U.S.C. § 1346(a)(1) for refund of federal income taxes for the calendar year 1956 in the amount of $27,652.19 alleged by them to have been erroneously assessed and collected, plus interest.

After trial on the merits to the Court without a jury, the Court makes the following findings of fact and conclusions of law.

Findings of Fact

1. The plaintiffs, Carl Shapiro and...

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