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HOLDEEN v. RATTERREE

No. 274, Docket 25428.

270 F.2d 701 (1959)

Jonathan HOLDEEN, Plaintiff-Appellant, v. Riley J. RATTERREE, as Late District Director of Internal Revenue, and Fulton D. Fields, as Late Acting Director of Internal Revenue, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided October 2, 1959.

Attorney(s) appearing for the Case

Jonathan Holdeen, in pro. per.

Myron C. Baum, Attorney, Department of Justice, Washington, D. C. (Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, L. W. Post and David R. Frazer, Attorneys, Department of Justice, Washington, D. C. and Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., on the brief), for defendants-appellees.

Before CLARK, Chief Judge, and SWAN and MOORE, Circuit Judges.

LEONARD P. MOORE, Circuit Judge.

Plaintiff-appellant, Jonathan Holdeen, brought suit against Riley J. Ratterree, as Late District Director and Fulton D. Fields, as Late Acting Director of Internal Revenue (usually referred to as the "government"), to recover amounts which he claimed had been wrongfully and illegally collected as taxes on his income for the calendar year 1945. In the ninety-day letter containing a statement of determination of deficiency, the Commissioner...

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