JOHNSTON v. COMMISSIONER OF INTERNAL REVENUE

No. 20139.

429 F.2d 804 (1970)

Charles F. JOHNSTON, Jr., Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

July 24, 1970.


Attorney(s) appearing for the Case

Charles F. Johnston in pro. per.

Jane M. Edmisten, Atty., Dept. of Justice, Washington, D. C., for respondent-appellee; Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Robert I. Waxman, Attys., Dept. of Justice, Washington, D. C., on brief.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.


CELEBREZZE, Circuit Judge.

This is an appeal of a dismissal of a taxpayer's suit by the Tax Court of the United States for lack of jurisdiction.

The taxpayer concedes that he is barred by statute from a proceeding in the Tax Court because the Commissioner of Internal Revenue has not determined a deficiency with respect to his taxes and has not mailed him a notice of deficiency. 26 U.S.C. §§ 6212, 6213, 7442 (1964). Taxpayer's sole contention is that...

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