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PIPOLA v. CHICCO

No. 67, Docket 25649.

274 F.2d 909 (1960)

Paul PIPOLA and Julia Pipola, Plaintiffs-Appellants, v. Mae CHICCO and Yorkville Savings and Loan Association, Defendants, and United States of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 21, 1960.

Attorney(s) appearing for the Case

Herman S. Axelrod, New York City (Axelrod & Axelrod, New York City, on the brief), Maitland M. Axelrod, New York City, of counsel, for appellants.

Lola S. Lea, New York City (S. Hazard Gillespie, Jr., U. S. Atty. for the Southern District of New York, and Joseph M. Field, Asst. U. S. Atty., New York City, on the brief), for defendant-appellee.

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

FRIENDLY, Circuit Judge.

This is an action by purchasers of real estate, pursuant to 28 U.S.C. § 2410(a), set forth below,1 to cancel a tax lien filed by the government against purchasers' grantor. The principal question is whether plaintiffs can challenge the sufficiency of the evidence that led the Commissioner to make the assessment underlying the tax lien. Judge Weinfeld, in a thorough opinion, held they may not, and we agree...

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