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WEISMAN v. C.I.R.

Civil Action No. 97-CV-5302(DGT).

103 F.Supp.2d 621 (2000)

Kenneth WEISMAN, Plaintiff, v. COMMISSIONER INTERNAL REVENUE SERVICE, Secretary of the Treasury, Defendants.

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

June 30, 2000.

Attorney(s) appearing for the Case

Kenneth Weisman, Auburndale, NY, pro se.

Department of Justice, Civil Trial Section, Northern Region by Bartholomew Cirenza, Washington, DC, for Defendants.

MEMORANDUM AND ORDER

TRAGER, District Judge.

Defendant United States, improperly sued as "Commissioner Internal Revenue Service, Secretary of the Treasury,"1 moves for dismissal of plaintiff's action under Rule 12(b) of the Federal Rules of Civil Procedure for lack of jurisdiction and/or failure to state a claim upon which relief may be granted. See Fed.R.Civ.P. 12(b)(1) & (6). In response, plaintiff pro se...

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