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SHORT v. MURPHY

Civ. A. No. 3247.

368 F.Supp. 591 (1973)

Lorenza SHORT and Mamie O. Short, Plaintiffs, v. James G. MURPHY, Special Agent, Internal Revenue Service, et al., Defendants.

United States District Court, E. D. Michigan, N. D.

September 10, 1973.

Attorney(s) appearing for the Case

Henry J. Rosenbaum, Saginaw, Mich., for plaintiffs.

Robert J. Sevila, Tax Div., U. S. Dept. of Justice, Washington, D. C., James W. Russell, Asst. U. S. Atty., E. D. Mich., N. D., Bay City, Mich., for defendants.

RULING ON DEFENDANTS' MOTION TO DISMISS

THORNTON, District Judge.

Plaintiffs, potential subjects of a recommendation for prosecution under the criminal tax laws, seek by means of the present action to force adherence of the Internal Revenue Service to certain of its own procedural rules promulgated by the Commissioner of Internal Revenue. Jurisdiction is alleged on three alternative grounds: the Tucker Act, Title...

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