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RESNIK v. WELCH

Nos. 7147, 7296.

37 F.Supp. 112 (1941)

RESNIK v. WELCH, Collector of Internal Revenue. RESNIK v. HASSETT, Collector of Internal Revenue.

District Court, D. Massachusetts.

February 11, 1941.

Attorney(s) appearing for the Case

Irwin Springer, of Boston, Mass., for plaintiff.

Samuel O. Clark, Jr., Asst. Atty. Gen., Andrew D. Sharke, and Fred J. Neuland, Sp. Assts. to Atty. Gen., and Edmund J. Brandon, U. S. Atty., and C. Keefe Hurley, Asst. U. S. Atty., both of Boston, Mass., for defendants.

BREWSTER, District Judge.

These actions were brought to recover income tax for the year 1924. Defendants have moved to dismiss on the ground that the statutes of the United States do not confer upon the plaintiff the right to invoke the jurisdiction of this court in the circumstances alleged.

It appears that a deficiency assessment for the year 1924 was made by the Commissioner of Internal Revenue in July, 1927, of which due notice was given to the plaintiff...

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