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HOLDEEN v. RATTERREE

Civ. No. 6801.

190 F.Supp. 752 (1960)

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

United States District Court N. D. New York.

On Motion for Clarification of Decision December 29, 1960.

Attorney(s) appearing for the Case

Jonathan Holdeen, Brooklyn, N. Y., in pro. per.; Allan E. Rappleyea, Poughkeepsie, N. Y., of counsel.

Theodore F. Bowes, U. S. Atty., Syracuse, N. Y., for defendant; Kenneth P. Ray, Asst. U. S. Atty., Robert Kernan, Atty., Dept. of Justice, and Jerome S. Hertz (on motion for clarification), Atty., Dept. of Justice, Washington, D. C., of counsel.

BRENNAN, Chief Judge.

Plaintiff brings this action to recover income taxes claimed to have been illegally collected for the year 1945. The present phase of this litigation involves principally a determination as to whether or not a lawful merger of two trusts, created by the plaintiff, has been accomplished and whether or not the resulting trust, so created, is valid.

The factual background of this litigation is indicated in this court's decision in Holdeen...

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