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COMMERCIAL INDUSTRIES CORP. v. UNITED STATES

Civ. A. No. 565-64.

268 F.Supp. 52 (1967)

COMMERCIAL INDUSTRIES CORP., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court D. New Jersey.

April 14, 1967.

Attorney(s) appearing for the Case

Gutkin & Miller, by Sydney A. Gutkin, Newark, N. J., for plaintiff.

Mitchell Rogovin, Asst. Atty. Gen., Dept. of Justice, by John G. Milano, Atty., Dept. of Justice, for the United States.

OPINION

COOLAHAN, District Judge:

This is a civil action for refund of income taxes and interest assessed against and paid by the plaintiff, Commercial Industries Corp., [Commercial], for the calendar years of 1956, 1957 and 1958, in the amounts set out in the margin.1 Jurisdiction is premised on 28 U.S.C. §§ 1340, 1346.

The ultimate issue presented is whether the Commissioner of Internal Revenue properly disallowed...

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