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MAV FREIGHT SERV., INC. v. UNITED STATES

No. 75-C-767.

462 F.Supp. 503 (1978)

MAV FREIGHT SERVICE, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, E. D. New York.

August 18, 1978.

Attorney(s) appearing for the Case

Piken & Piken, Flushing, N. Y., for plaintiff; Robert W. Piken, Flushing, N. Y., of counsel.

David G. Trager, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., for defendant; Prosper K. Parkerton, Asst. U. S. Atty., Brooklyn, N. Y., John A. DiCicco, Trial Atty., Tax Div., Dept. of Justice, Washington, D. C., of counsel.

BARTELS, District Judge.

Plaintiff, Mav Freight Service, Inc. ("Mav") seeks a refund of $9,863.10 together with interest in withholding and Federal Insurance Contributions Act ("FICA") taxes paid for the calendar year 1969. The taxes were assessed on amounts paid by Mav to a number of individuals for work performed in unloading shipments of beef delivered in the metropolitan New York area.

I

Mav is a New York corporation engaged in the freight trucking...

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