BURKE v. C. I. R.

No. 5964.

301 F.2d 903 (1962)

John J. BURKE, Jr., Petitioner, Appellant, v. COMMISSIONER OF INTERNAL REVENUE et al., Respondents, Appellees.

United States Court of Appeals First Circuit.

April 23, 1962.


Attorney(s) appearing for the Case

Solomon Sandler, Gloucester, Mass., for appellant.

Donald P. Horwitz, Attorney, Department of Justice, with whom Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson and Robert N. Anderson, Attorneys, Department of Justice, W. Arthur Garrity, Jr., U. S. Atty., and Thomas P. O'Connor, Asst. U. S. Atty., were on brief, for appellees.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


PER CURIAM.

The appellant filed a petition in the court below for a declaratory judgment setting forth whether or not he is entitled to trial before the Tax Court of the United States on his petition pending in that court for redetermination of his income tax liability for the years 1952 to 1955, inclusive, for an order directing the respondents, the Commissioner of Internal Revenue and the local District Director, forthwith to issue statutory notices of deficiency...

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