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YANNICELLI v. NASH

Civ. A. No. 1253-71.

354 F.Supp. 143 (1973)

Michael YANNICELLI, Plaintiff, v. Roland H. NASH, Jr., District Director of Internal Revenue for the State of New Jersey, Defendant.

United States District Court, D. New Jersey.

Supplemental Opinion January 24, 1973.

Attorney(s) appearing for the Case

Bracken, Walsh & Craig, by Joseph F. Walsh, Newark, N. J., for plaintiff.

John N. Mitchell, U. S. Atty. Gen., by Andrew F. Oehman, Atty. Dept. of Justice, Washington, D. C., Herbert J. Stern, U. S. Atty., by William J. Hunt, Asst. U. S. Atty., Newark, N. J., for defendant.

OPINION

COOLAHAN, Chief Judge:

The plaintiff in this action, Michael Yannicelli, seeks to suppress a jeopardy assessment lien and levy for unpaid gambling taxes placed upon money illegally seized by the United States. The suit raises several significant issues of law concerning the Internal Revenue Service (IRS) and its jeopardy assessment procedures.

STATEMENT OF FACTS

On June 9, 1971 Michael Yannicelli was arrested by United States Marshals...

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