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KAHN v. UNITED STATES

No. 33, Docket 78-6052.

590 F.2d 48 (1978)

Lucille P. KAHN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Second Circuit.

Decided December 28, 1978.

Attorney(s) appearing for the Case

Theodore H. Friedman, Arum, Friedman & Katz, New York City (David G. Miller, New York City, of counsel), for appellant.

William C. Ballaine, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., New York City, of counsel), for appellee.

Before LUMBARD, MANSFIELD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

Incredibly enough, this case involves an income tax deficiency assessed against appellant and her late husband for calendar year 1943. Not so surprisingly, however, the appeal involves the statute of limitations and more particularly the question whether the statute, in this instance on collection rather than on assessment, has been tolled.

The district court held that the statute of limitations...

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