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SCHILDHAUS v. MOE

No. 491, Docket 28634.

335 F.2d 529 (1964)

Arnold SCHILDHAUS, Plaintiff-Appellant, v. Kenneth W. MOE, as District Director of Internal Revenue, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided July 7, 1964.

Attorney(s) appearing for the Case

Arnold Schildhaus, New York City, pro se.

Stephen Charnas, New York City, Robert M. Morgenthau, U. S. Atty., for the Southern Dist. of New York (Clarence M. Dunnaville, Jr., Asst. U. S. Atty., of counsel), for defendant-appellee.

Before FRIENDLY, SMITH and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge.

In this action in the District Court for the Southern District of New York, now before us for the second time, see 319 F.2d 587 (2 Cir. 1963), a taxpayer, as authorized by § 6213(a) of the Internal Revenue Code of 1954, sought an injunction against the collection of an assessment for income taxes for 1954-56 on the ground that the 90-day notice of deficiency was not sent to his last known address as provided...

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