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DUBIN v. UNITED STATES

No. 24184.

380 F.2d 813 (1967)

Marve A. DUBIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

July 25, 1967.

Attorney(s) appearing for the Case

Lawrence I. Hollander, Miami, Fla., for appellant.

Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Chief Appellate Section, Harry Marselli, Burton Berkley, Robert I. Waxman, Crombie J. D. Garrett, Attys., Dept. of Justice, Washington, D. C., William A. Meadows, Jr., U.S. Atty., Southern Dist. of Fla., Miami, Fla., for appellee, Lloyd Bates, Jr., Asst. U.S. Atty., of counsel.

Before RIVES and DYER, Circuit Judges, and JOHNSON, District Judge.

JOHNSON, District Judge:

Dubin appeals from a final judgment in the amount of $83,953.45 rendered against him for unpaid taxes and penalties pursuant to 26 U.S.C. §§ 7401 and 7403.1 The tax liability accrued in the State of Ohio, returns were filed in Ohio, and assessments of deficiency were made in Ohio. Believing the appellant to be a resident of Ohio, the Government filed suit in the United States District Court for the Northern...

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