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REUBEN H. DONNELLEY CORPORATION v. UNITED STATES

No. 64 Civ. 657.

257 F.Supp. 747 (1966)

The REUBEN H. DONNELLEY CORPORATION, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

July 20, 1966.

Attorney(s) appearing for the Case

Fredrick A. Yonkman, New York City, for plaintiff; Barbara Woodward, New York City and Sidley, Austin, Burgess & Smith, Chicago, Ill., by Walter J. Cummings, Jr., Richard H. Compere, Chicago, Ill., of counsel.

Robert M. Morgenthau, U. S. Atty., Southern District of New York, for defendant; Mitchell Rogovin, Asst. Atty. Gen., Washington, D. C., Richard M. Roberts, Acting Asst. Atty. Gen., Washington, D. C., C. Moxley Featherston, David A. Wilson, Jr., Donald R. Anderson, Department of Justice, Washington, D. C., of counsel.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW.

LEVET, District Judge.

In this tax refund action the plaintiff, The Reuben H. Donnelley Corporation (hereinafter "Donnelley") seeks to recover $105,292.80 plus interest which it paid pursuant to corporate income tax deficiencies for the taxable years 1953 through 1957. The complaint is in two counts. The first count seeks to recover $33,274.39 plus interest on the ground that a deduction representing the...

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