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YOKE v. MAZZELLO

No. 6497.

202 F.2d 508 (1953)

YOKE, Collector of Internal Revenue, v. MAZZELLO et al.

United States Court of Appeals Fourth Circuit.

Decided February 3, 1953.

Attorney(s) appearing for the Case

George F. Lynch, Sp. Asst. to the Atty. Gen. (Charles S. Lyon, Acting Asst. Atty. Gen., Ellis N. Slack, Robert N. Anderson and Maryhelen Wigle, Sp. Assts. to the Atty. Gen., and A. Garnett Thompson, U. S. Atty., Charleston, W. Va., on the brief), for appellant.

Joseph Luchini, Beckley, W. Va. (Carl Sanders, Beckley, W. Va., on the brief), for appellees.

Before SOPER and DOBIE, Circuit Judges, and BARKSDALE, District Judge.

SOPER, Circuit Judge.

This appeal is taken from an order of the District Court overruling the Collector's motion to dismiss taxpayers' complaint which sought an injunction against the collection of a jeopardy assessment for income taxes for taxable years 1943 to 1950 inclusive, totaling $8,748.65 plus fraud penalties in the amount of $5,973.36. The complaint alleged the following pertinent facts:

Luigi Mazzello is 73 years of age and Chiara, his wife, is 62...

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