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WOOD PRESERVING CORPORATION OF BALTIMORE v. UNITED STATES

Civ. No. 14434.

233 F.Supp. 600 (1964)

WOOD PRESERVING CORPORATION OF BALTIMORE, Inc. v. UNITED STATES of America.

United States District Court D. Maryland.

September 18, 1964.

Attorney(s) appearing for the Case

Richard W. Kiefer, Baltimore, Md. (Hooper, Kiefer & Perrott, Baltimore, Md., on the brief), for plaintiff.

John M. Hammerman and Moshe Schuldinger, Attorneys, Department of Justice, Washington, D. C. (Louis F. Oberdorfer, Asst. Atty. Gen., Washington, D. C., and Thomas J. Kenney, U. S. Atty., Baltimore, Md., on the brief), for defendant.

THOMSEN, Chief Judge.

This is an action to recover certain taxes and interest alleged by plaintiff (Wood Preserving) to have been erroneously assessed and collected for the fiscal years ended June 30, 1958, 1959 and 1960, in the amounts of $5,203.19, $5,121.05 and $3,058.20, respectively, plus interest. The case was tried before the Court without a jury. Several issues are presented, namely:

Issue 1. Whether the depreciation figures fixed by the Commissioner...

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