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TURNER CONSTRUCTION COMPANY v. UNITED STATES

Civ. No. 135-257.

270 F.Supp. 918 (1964)

TURNER CONSTRUCTION COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

April 16, 1964.

Attorney(s) appearing for the Case

Spencer & Tunstead, New York City, for plaintiff; Richard H. Tunstead, Austin & Diamond, New York City, of counsel.

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

OPINION, FINDINGS OF FACT

and

CONCLUSIONS OF LAW

LEVET, District Judge.

The plaintiff-taxpayer, Turner Construction Company (Turner), seeks to recover $67,829.77 of income tax deficiencies assessed by the Commissioner of Internal Revenue. Turner paid the deficiencies and preserved its right to recover the amount by the timely filing of claims for refund. This action presents three separate and distinct claims for refund.

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