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LESSER v. UNITED STATES

No. 63-C-1228.

230 F.Supp. 817 (1964)

Jack M. LESSER, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court E. D. New York.

March 23, 1964.

Attorney(s) appearing for the Case

Greenberg & Margolis, New York City, for plaintiff, Marvin Margolis, New York City, of counsel.

Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, for defendant, Peter J. Ciano, U. S. Dept. of Justice, Tax Div., Washington, D. C., of counsel.

BARTELS, District Judge.

Plaintiff moves to quash a summons served upon him by the U. S. Treasury Department-Internal Revenue Service pursuant to Section 7602 of the Internal Revenue Code of 1954.

The suit was instituted by plaintiff against the Government pursuant to Sections 1340 and 1346(a) (1) for a refund of $500 paid by plaintiff on account of a 100% penalty assessed against him arising out of various Withholding, Social

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