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UNITED STATES v. CLINTON

232 F.Supp. 957 (1964)

UNITED STATES of America, Plaintiff, v. John CLINTON, Margaret Clinton, State of New York Tax Commission, City of New York, Frank Hogan, District Attorney, New York County, John A. McAvinue, Matthew H. Brandenburg, and Thomas E. Rosetti, Property Clerk, Police Department, New York City, as holder of the sum of $23,545.17, Defendants.

United States District Court S. D. New York.

June 22, 1964.

Attorney(s) appearing for the Case

Robert M. Morgenthau, U. S. Atty., Patricia A. Garfinkel, Asst. U. S. Atty., of counsel, for plaintiff.

John E. Mahoney, Manhasset, N. Y., for defendants John Clinton and Margaret Clinton.

Louis J. Lefkowitz, Atty. Gen., New York City, for State Tax Commission.

Matthew H. Brandenburg, New York City, for defendant Brandenburg.

CASHIN, District Judge.

The captioned action was instituted by the United States on June 24, 1957, pursuant to 26 U.S.C. § 7403(a), to foreclose a lien on impounded money held by the Property Clerk of the Police Department of the City of New York. The action has as its basis certain jeopardy assessments which were made against John and Margaret Clinton pursuant to 26 U.S.C. § 6861 on March 28, 1957. The defendants Clinton petitioned the Tax Court of the...

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