BAR L RANCH, INC. v. PHINNEY

No. 25063.

400 F.2d 90 (1968)

BAR L RANCH, INC., Appellant, v. Robert L. PHINNEY, District Director of Internal Revenue Service, et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 22, 1968.


Attorney(s) appearing for the Case

Dougal C. Pope, Houston, Tex., for appellant.

Mitchell Rogovin, Asst. Atty. Gen., Dept. of Justice, Tax Div., Lee A. Jackson, Harry Marselli, David O. Walter, Marian Halley, Stanley F. Krysa, Meyer Rothwacks, Attys., Richard C. Pugh, Act. Asst. Atty. Gen., Dept. of Justice, Washington, D. C. Morton L. Susman, U. S. Atty., Houston, Tex., James R. Gough, Asst. U. S. Atty., S. D. Tex., Houston, Tex., for appellees.

Before RIVES, GEWIN and THORNBERRY, Circuit Judges.


THORNBERRY, Circuit Judge:

The question presented by this appeal is whether a deficiency assessment, made while a suit for refund of a late filing penalty is pending in the district court and after the expiration of the ninety-day period in which a petition for redetermination could have been filed in the Tax Court, is valid. We hold that the assessment is valid and affirm the district court.

On June 17, 1966, appellant, a Texas Corporation, filed a complaint...

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