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STRAWBERRY HILL PRESS, INC. v. SCANLON

No. 206, Docket 25864.

273 F.2d 306 (1959)

STRAWBERRY HILL PRESS, INC., Appellee, v. Thomas E. SCANLON, District Director of Internal Revenue for the District of Brooklyn, Appellant.

United States Court of Appeals Second Circuit.

Decided December 22, 1959.

Attorney(s) appearing for the Case

David O. Walter, Dept. of Justice, Washington, D. C. (Howard A. Heffron, Acting Asst. Atty. Gen., Lee A. Jackson, I. Henry Kutz, Dept. of Justice, Washington, D. C., Cornelius W. Wickersham, Jr., U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., and Irwin J. Harrison, Asst. U. S. Atty., Eastern Dist. of New York, Great Neck, N. Y., on the brief), for appellant.

Edmund C. Grainger, Jr., New York City (O'Brien, Driscoll & Raftery, New York City, on the brief), for appellee.

Before LUMBARD, Chief Judge, and SWAN and FRIENDLY, Circuit Judges.

PER CURIAM.

Thomas E. Scanlon, District Director of Internal Revenue for the District of Brooklyn, appeals from an order granting summary judgment to Strawberry Hill Press, plaintiff in an action to enjoin collection, prior to the issuance of a ninety day letter, of a delinquency penalty assessed under Sec. 6651 of the Internal Revenue Code of 1954, 26 U.S.C. A. § 6651, and to vacate certain federal tax liens on plaintiff's property. We affirm the judgment.<...

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