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MARKHAM v. UNITED STATES

245 F.Supp. 505 (1965)

Sanford H. MARKHAM and Sylvia Markham, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

June 30, 1965.

Attorney(s) appearing for the Case

Michael P. Graff, New York City, for plaintiffs; Sanford H. Markham, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., Southern District of New York, for defendant; Harvey R. Blau, Asst. U. S. Atty., of counsel.

LEVET, District Judge.

The plaintiffs have sued for a tax refund in the amount of $3,303.73 plus interest. This sum was paid to the defendant pursuant to a determination by the Commissioner of Internal Revenue of a tax deficiency for the year 1958 in the amount of $2,211.73 and for the year 1959 in the amount of $1,092.00. Timely claims for a refund were filed and after expiration of six months plaintiffs commenced this refund suit. The action was tried before the...

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