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STEWART v. UNITED STATES

No. 65 Civ. 2952.

263 F.Supp. 451 (1967)

Percy M. STEWART and Betty H. STEWART, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

January 10, 1967.

Attorney(s) appearing for the Case

Wachtell, Lipton, Rosen, Katz & Kern, New York City, for plaintiffs; Herbert M. Wachtell, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty. for Southern District of New York, for United States of America; Grant B. Hering, Asst. U. S. Atty., of counsel.

OPINION

FREDERICK van PELT BRYAN, District Judge:

Plaintiff taxpayers, husband and wife, sue to recover the sum of $906.49 assessed by the Internal Revenue Service as an addition to their 1957 income tax by reason of alleged underpayments of the first three instalments of estimated tax for that year. The addition so assessed represented 6% upon the amount by which these instalments were alleged to have been underpaid for the periods of the underpayments...

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