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KENNEDY v. UNITED STATES

No. G75-468 C.A.

403 F.Supp. 619 (1975)

John E. KENNEDY and Mary A. Kennedy, Plaintiffs, v. UNITED STATES of America and Donald Alexander, Commissioner of Internal Revenue, Defendants.

United States District Court, W. D. Michigan, S. D.

November 3, 1975.

Attorney(s) appearing for the Case

Mohney, Goodrich & Titta, Grand Rapids, Mich., for plaintiffs; Edward B. Goodrich, Thomas P. Hogan, Grand Rapids, Mich., of counsel.

Donald A. Davis, Asst. U. S. Atty., Grand Rapids, Mich., James Ferraro, Tax Div., Justice Dept., Joseph Falcone, Office of the Regional Counsel, Internal Revenue Service, Detroit, Mich., for defendants.

OPINION

FOX, Chief Judge.

This case concerns the application of 26 U.S.C.A. § 6212(a), (b)(1) (1975 Supp.)1 to the situation of one John E. Kennedy.2 Kennedy seeks to enjoin the United States from collecting or assessing taxes based on the notice of deficiency mailed January 7, 1975. A temporary restraining order was issued by this court on October 7, 1975, and it was extended by stipulation...

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