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WHEELER v. HOLLAND

Civ. A. No. 4599.

120 F.Supp. 383 (1954)

WHEELER v. HOLLAND, District Director of Internal Revenue et al.

United States District Court N. D. Georgia, Atlanta Division.

March 2, 1954.

Attorney(s) appearing for the Case

Hal Lindsay, Atlanta, Ga., for plaintiff.

James W. Dorsey, U. S. Atty., Atlanta, Ga., for defendants.

SLOAN, District Judge.

In his complaint, Andrew Jackson Wheeler, the taxpayer, claimed that he was forced to sign a consent to an immediate assessment of taxes (Form 870) under duress. The Government made an assessment of taxes and penalties for the years 1942-1947 on the basis of this consent in the amount of approximately $50,000. At the time this suit was brought the Government had collected approximately $18,000. Since the suit

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