EXPANDING ENVELOPE AND FOLDER CORPORATION v. SHOTZ

Nos. 16597, 16598.

385 F.2d 402 (1967)

EXPANDING ENVELOPE AND FOLDER CORPORATION, Appellant, v. Joseph M. SHOTZ, District Director of Internal Revenue, Newark, New Jersey, Edward J. Fitzgerald, District Director of Internal Revenue, Manhattan, New York, and United States of America, Appellees. Lawrence DWORKIN and Lillian Dworkin, Appellants, v. Joseph M. SHOTZ, District Director of Internal Revenue, Newark, New Jersey, and United States of America, Appellees.

United States Court of Appeals Third Circuit.

Decided November 14, 1967.


Attorney(s) appearing for the Case

Herbert L. Zuckerman, Newark, N. J., for appellants.

Issie L. Jenkins, Appellate Section, Dept. of Justice, Tax Division, Washington, D. C. (Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Meyer Rothwacks, Lawrence B. Silver, Attys., Dept. of Justice, David Satz, Jr., U. S. Atty., Richard D. Catenacci, Asst. U. S. Atty., on the brief), for appellees.

Before McLAUGHLIN, GANEY and SEITZ, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

Both appeals raise the issue, which we assume is properly formulated, as to whether the notices of deficiency mailed by the Internal Revenue Service complied with the statute directing the mailing of such notice to the taxpayer's last known address (Internal Revenue Code of 1954, § 6212).

The taxpayers sued in the district court to enjoin the defendants from attempting to collect assessments which were made following...

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