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RUSSELL v. UNITED STATES

No. 77-1136.

592 F.2d 1069 (1979)

Dolores J. RUSSELL, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 9, 1979.

Attorney(s) appearing for the Case

Ferris F. Boothe (argued), of Black, Kendall, Tremaine, Boothe & Higgins, Portland, Or., for plaintiff-appellee.

Leonard Henzke, Atty. (argued), of Dept. of Justice, Washington, D. C., for defendant-appellant.

Before DUNIWAY and CHOY, Circuit Judges, and GRANT, District Judge.

DUNIWAY, Circuit Judge:

This appeal presents a question as to the jurisdiction of the District Court over an action for a refund of income tax when the Commissioner of Internal Revenue, after the taxpayer filed her claim for refund, and after she filed her action for refund in the District Court, asserted a deficiency and the taxpayer then petitioned the Tax Court for a redetermination. The District Court held that it retained jurisdiction over the taxpayer's claim...

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