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Aquilino v. United States of America

4 N.Y.2d 869 Court N.Y. Decision date 1958-04-03 English

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p. 869
Robert Aquilino et al., Copartners Doing Business under the Name of Home Maintenance Co., Respondents, v. United States of America, Appellant, et al., Defendant, and Colonial Sand and Stone Co., Inc., Respondent. (Action No. 1.) Colonial Sand and Stone Co., Inc., Respondent, v. United States of America, Appellant, et al., Defendants, and Home Maintenance Company, Respondent. (Action No. 2.)
Submitted March 31, 1958;
decided April 3, 1958.

Motion to amend remittitur granted. Return of the remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein, as the opinion of the court indicates, there was presented and necessarily passed upon a question under the Constitution of the United States, namely, the construction of the provisions of the Internal Revenue Code (U. S. Code, tit. 26, §§ 3670-3672). Plaintiffs argued that such provisions were not decisive or controlling. This court held to the contrary. [See 3 N Y 2d 511 .]

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