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UNITED STATES v. McCANN

Civ. No. 3455-SD-C.

259 F.Supp. 632 (1966)

UNITED STATES of America, Plaintiff, v. B. W. McCANN, aka Bert Walter McCann et al., Defendants.

United States District Court S. D. California, S. D.

July 1, 1966.

Attorney(s) appearing for the Case

Manuel L. Real, U. S. Atty.; Loyal E. Keir, Asst. U. S. Atty., Chief, Tax Division; Donald M. Fenmore, Asst. U. S. Atty., for United States of America.

Higgs, Fletcher & Mack, San Diego, Cal., for B. W. McCann and Lora McCann.

Hyne, Swirsky & Knauf, Robert C. Knauf, Oceanside, Cal., for Oceanside Federal Savings and Loan Association.

MEMORANDUM OF DECISION

JAMES M. CARTER, Chief Judge.

26 U.S.C. § 6503(b), states that the period of limitations "shall be suspended for the period the assets of the taxpayer are in the control or custody of the court in any proceeding before any court of the United States * * * and for 6 months thereafter." In the present case the government filed its lien just over six years from the date of assessment...

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