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SCHILDHAUS v. C. I. R.

No. 10, Docket 30451.

370 F.2d 549 (1966)

Arnold SCHILDHAUS, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided December 30, 1966.

Attorney(s) appearing for the Case

Arnold Schildhaus, pro se.

Marco S. Sonnenschein, Atty., Dept. of Justice (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Robert N. Anderson, Attys., Dept. of Justice, Washington, D. C., of counsel), for respondent-appellee.

Before WATERMAN, MOORE and HAYS, Circuit Judges.

MOORE, Circuit Judge:

Respondent-appellee, the Commissioner of Internal Revenue (Commissioner), assessed deficiencies against the petitioner-appellant, Arnold Schildhaus, for the taxable years 1954, 1955 and 1956. Schildhaus filed a petition in the Tax Court to have the deficiencies redetermined. While the bulk of the petition deals with prior litigation concerning the same taxable years, paragraph 13 reads:

"Petitioner asserts the statute of limitations...

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