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BAGLIVO v. C. I. R.

Civ. A. No. 33576.

235 F.Supp. 493 (1964)

William S. BAGLIVO, Isabella Baglivo, and Central-Penn National Bank, Joseph F. Gelletich and Donald W. Lehrkinder, co-guardians for Estate of William S. Baglivo, an Incompetent, Plaintiffs, v. The COMMISSIONER OF INTERNAL REVENUE, and the District Director of Internal Revenue, for Philadelphia, Pennsylvania, Defendants.

United States District Court E. D. Pennsylvania.

August 5, 1964.

Attorney(s) appearing for the Case

Donald M. Collins, Oliver, Macartney & Collins, Media, Pa., for plaintiffs.

Drew J. T. O'Keefe, U. S. Atty., Sullivan Cistone, Asst. U. S. Atty., Philadelphia, Pa., Stephen G. Fuerth, Tax Section, Civ. Div., Dept. of Justice, Washington, D. C., for defendants.

KIRKPATRICK, District Judge.

This is a motion to dismiss a complaint which asks this court to vacate a decision of the Tax Court, order a new trial, and restrain proceedings to collect the taxes found due. The facts set out in the complaint are as follows:

Statutory notices of deficiency for the years 1947 through 1953 and 1956 through 1958 were sent to the taxpayers, Dr. William S. Baglivo and his wife, Isabella. They filed petitions with the Tax Court for...

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