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PIETSCH v. PRESIDENT OF UNITED STATES

No. 84, Docket 34605.

434 F.2d 861 (1970)

Walter G. PIETSCH, Plaintiff-Appellant, v. The PRESIDENT of the UNITED STATES, the Secretary of the United States Treasury, the District Director of Internal Revenue, Brooklyn District, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 25, 1970.

Attorney(s) appearing for the Case

Walter G. Pietsch, pro se, and Morton Stavis, New York City, for plaintiff-appellant.

Leonard J. Henzke, Atty., Dept. of Justice (Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson and Elmer J. Kelsey, Attys., Dept. of Justice, Washington, D. C., Edward R. Neaher, U. S. Atty., E. D. New York, of counsel), for defendants-appellees.

Before CLARK, Associate Justice, LUMBARD, Chief Judge, and KAUFMAN, Circuit Judge.

CLARK, Justice (retired):

Pietsch filed a timely income tax return for the year 1968 but denied liability for the amount of the income tax surcharge authorized by Section 102 of the Revenue and Expenditure Control Act of 1968, P.L. 90-364, 82 Stat. 251.

On October 23, 1969, Pietsch, acting pro se, brought this action asking a declaration that American participation in the Vietnam military conflict was unconstitutional

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