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DENTON v. UNITED STATES

No. 11771.

235 F.2d 733 (1956)

Owens L. DENTON, Appellant, v. The UNITED STATES of America and Bruce E. Lambert, as District Director of Internal Revenue at Newark, N. J.

United States Court of Appeals Third Circuit.

Decided June 29, 1956.

Attorney(s) appearing for the Case

John D. Graves, New York City (Joyce & Brown, Bloomfield, N. J., on the brief), for appellant.

Walter R. Gelles, Washington, D. C. (Charles K. Rice, Acting Asst. Atty. Gen., Lee A. Jackson, A. F. Prescott, Attys., Department of Justice, Washington, D. C., Raymond Del Tufo, Jr., U. S. Atty., Newark, N. J., George J. Rossi, Asst. U. S. Atty., Jersey City, N. J., on the brief), for appellees.

Before GOODRICH, KALODNER and STALEY, Circuit Judges.

STALEY, Circuit Judge.

Taxpayer, Owens L. Denton, has appealed from an order of the United States District Court for the District of New Jersey which dismissed with prejudice his complaint against the United States and the District Director of Internal Revenue.1

The facts, taken from the district court's opinion, are brief and simple. On January 15, 1947, the taxpayer filed an income tax return for the year 1946 which called for...

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