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McCABE v. ALEXANDER

No. 75-2673 Summary Calendar.

526 F.2d 963 (1976)

Morgan L. McCABE, Plaintiff-Appellant, v. Donald C. ALEXANDER, Commissioner of Internal Revenue Service, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 6, 1976.

Attorney(s) appearing for the Case

J. Thomas Cardwell, Orlando, Fla., George C. Pontikes, Chicago, Ill., for plaintiff-appellant.

John L. Briggs, U.S. Atty., Jacksonville, Fla., Scott P. Crampton, Asst. Atty. Gen., Leonard J. Henzke, Jr., Gilbert E. Andrews, Acting Chief, Appellate Sec., Wynette J. Hewett, Tax Div., U.S. Dept. of Justice, Washington, D.C., Kendell W. Wherry, Asst. U.S. Atty., Orlando, Fla., for defendants-appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

Plaintiff Morgan L. McCabe appeals from the District Court's dismissal without prejudice of his suit to enjoin the sale of certain real property in satisfaction of his income tax liabilities for 1960-1963 and 1966.1 In addition to enjoining the collection of taxes, taxpayer seeks a declaration that no taxes are due for the years in question.

Plaintiff originally sought a redetermination of income tax deficiencies assessed...

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