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JOHNSON v. UNITED STATES

Civ. A. 10434.

280 F.Supp. 412 (1967)

James F. JOHNSON and Mabel I. Johnson, Plaintiffs, v. The UNITED STATES of America, Defendant.

United States District Court N. D. New York.

November 10, 1967.

Attorney(s) appearing for the Case

Smith, Pattison, Sampson & Jones, Troy, N. Y., for plaintiffs; Lambert L. Ginsberg, Troy, N. Y., of counsel.

Justin J. Mahoney, U. S. Atty., for the Northern Dist. of New York, Albany, N. Y., for defendant; Mitchell Rogovin, Asst. Atty. Gen., Washington, D. C., Michael E. Marr, Sp. Atty., Dept. of Justice, Washington, D. C., of counsel.

OPINION

McLEAN, District Judge.*

This is an action pursuant to 28 U.S.C. § 1346(a) for refund of income taxes allegedly erroneously and illegally assessed against and collected from plaintiffs for the year 1957. Plaintiffs paid the assessment, under protest, on July 1, 1960, filed a claim for refund, and upon a disallowance of that claim, began this action. It is undisputed that the filing of the claim and the institution...

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