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MOHAWK PAPER MILLS, INC. v. UNITED STATES

Civ. A. No. 65-C-87.

262 F.Supp. 365 (1966)

MOHAWK PAPER MILLS, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. New York.

November 18, 1966.

Attorney(s) appearing for the Case

John T. DeGraff, DeGraff, Foy, Conway & Holt-Harris, Albany, for plaintiff.

Marvin Joseph Garbis, Dept. of Justice, Washington, D. C., Mitchell Rogovin, Asst. Atty. Gen., David A. Wilson, Jr., Henry G. Zapruder, Attys., Dept. of Justice, Justin J. Mahoney, U. S. Atty., Washington, D. C., for defendant.

OPINION

MOORE, Circuit Judge (sitting by designation).

The plaintiff, Mohawk Paper Mills, Inc. (Mohawk), brings this tax refund suit to recover taxes paid because of income tax deficiencies assessed against Mohawk for the years 1959, 1960 and 1961 on the theory that Mohawk had accumulated earnings in these years in violation of Section 531, Internal Revenue Code, Title 26. This court has jurisdiction of the suit under 28 U.S.C. § 1346.

Mohawk...

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