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McCARTHY v. UNITED STATES

Civ. A. No. 62-554.

232 F.Supp. 605 (1964)

Marion E. McCARTHY, and Boston Safe Deposit and Trust Company, as Executor of the Will of Charles R. McCarthy, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court D. Massachusetts.

May 19, 1964.

Attorney(s) appearing for the Case

W. C. Moffett, Josiah A. Spaulding, Bingham, Dana & Gould, Boston, Mass., for plaintiffs.

W. Arthur Garrity, Jr., U. S. Atty., Murray H. Falk, Asst. U. S. Atty., Boston, Mass., Edward J. Snyder, Atty., Dept. of Justice, Tax Division, Washington, D. C., for defendant.

SWEENEY, Chief Judge.

This is an action for the recovery of Federal income taxes and interest paid for the years 1957 and 1958 in the amounts $983.39 and $3,354.37, respectively, which the plaintiffs allege were illegally and erroneously assessed and collected. This court has jurisdiction under 28 U.S.C. § 1346(a) (1).

The question presented is whether certain payments made by the C. F. Hathaway Company of...

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