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O'NEILL v. UNITED STATES

Civ. No. 17013.

172 F.Supp. 904 (1959)

John F. O'NEILL, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

March 10, 1959.

Attorney(s) appearing for the Case

Jerome H. Doran, Mineola, N. Y., for plaintiff.

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., Robert C. Carey, Brooklyn, N. Y., of counsel, for defendant.

ZAVATT, District Judge.

The defendant has moved for an order dismissing the complaint on the ground that the court lacks jurisdiction over the subject matter herein. The action is one in which the plaintiff seeks to abate and cancel a jeopardy assessment in the amount of $64,598.40 made against him by the Commissioner of Interal Revenue, which included excise taxes on wagering in the sum of $28,710.40, and penalties thereon in the sum of $35,888. A levy upon plaintiff...

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