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AUBURN & ASSOCIATES, INC. v. UNITED STATES

Civ. A. Nos. 68-1214, 68-1215.

336 F.Supp. 457 (1971)

AUBURN & ASSOCIATES, INC., Plaintiff, v. UNITED STATES of America, Defendant. AUBURN ENGINEERING, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, W. D. Pennsylvania.

December 22, 1971.

Attorney(s) appearing for the Case

Samuel Y. Stroh, Joseph W. Conway, Suto, Power, Balzarini & Walsh, Pittsburgh, Pa., for plaintiffs.

Richard L. Thornburgh, U. S. Atty., Pittsburgh, Pa., Thomas R. Wechter, Washington, D. C., for defendant.

OPINION and ORDER

McCUNE, District Judge.

Factual Statement

The instant litigation issued from deficiencies assessed against the plaintiff taxpayers for the years 1963, 1964 and 1965. The taxpayers paid the deficiencies and filed claim for refund. After six months had passed the taxpayers filed these two actions for refund of those portions of the assessed deficiencies attributable to the Commissioner's disallowance of part of taxpayers...

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