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MONSKY v. FITZGERALD

No. 68-C-213.

297 F.Supp. 943 (1968)

Irving MONSKY, Plaintiff, v. Edward J. FITZGERALD, Jr., United States District Director of Internal Revenue for the District of Manhattan, New York, Defendant.

United States District Court E. D. New York.

October 17, 1968.

Attorney(s) appearing for the Case

Marvin Preminger, Brooklyn, N. Y., for plaintiff.

Joseph P. Hoey, U. S. Atty. for Eastern District of New York, Brooklyn, N. Y., for defendant; Howard L. Stevens, Asst. U. S. Atty., John S. Kingdon, Trial Atty., Tax Division, Department of Justice, Washington, D. C., of counsel.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

Irving Monsky (plaintiff) brings this action to enjoin the collection of income taxes, penalties and interest assessed against him in 1952 for the years 1944, 1945, 1946, and 1947, totaling $292,707.24. He contends that the assessment is invalid and that, even if legal, it is barred by the statute of limitations. The government has moved to dismiss for failure to state a claim upon which relief can be granted...

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