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STATE BANK OF ALBANY v. UNITED STATES

No. 65 Civ. 335.

276 F.Supp. 744 (1967)

STATE BANK OF ALBANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court N. D. New York.

August 28, 1967.

Attorney(s) appearing for the Case

Whalen, McNamee, Creble & Nichols, Albany, N. Y., for plaintiff; Charles E. Nichols, Albany, N. Y., of counsel.

Mitchell Rogovin, Asst. Atty. Gen., David A. Wilson, Jr., Burton G. Lipsky, Dept. of Justice, Washington, D. C., Justin J. Mahoney, U. S. Atty., Northern Dist. of New York, Albany, N. Y., for defendant.

OPINION

McLEAN, District Judge.*

Plaintiff sues for a refund of federal income tax paid by it for the year 1962 in the amount of $10,606.55 on the ground that this sum was erroneously reported and paid by plaintiff and illegally collected by defendant. The case was submitted for decision upon stipulated facts. It presents a question of law which is apparently of first impression.

The $10,606.55 paid by plaintiff was the...

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