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CARLOS v. NEW YORK STATE DEPT. OF TAXATION

No. 81-CV-15.

531 F.Supp. 359 (1981)

R. Bustamante CARLOS, a.k.a. Don Juan, President, Chairman, Treasurer, Carlos Manufacturing Corporation, Plaintiffs, v. NEW YORK STATE DEPT. OF TAXATION, New York City Police Property Clerks, United States, United States Secretary of Treasury, New York State Attorney General, Defendants.

United States District Court, N. D. New York.

December 8, 1981.

Attorney(s) appearing for the Case

R. Bustamante Carlos, plaintiff, pro se.

Michael Julian, New York City, for defendant New York City Police Dept.

George H. Lowe, U. S. Atty., N. D. N. Y., Syracuse, N. Y., Robert Abrams, Atty. Gen. of the State of N. Y., George A. Yanthis, Asst. U. S. Atty., Robert M. Kane, Trial Atty., Tax Div., Dept. of Justice, Ellen Lacy Messina, Asst. Atty. Gen., Albany, N. Y., for defendants.

MINER, District Judge.

MEMORANDUM-DECISION and ORDER

I.

Plaintiffs claim that an unlawful levy was made by the Government upon their property, cash in the sum of $593,080, and they seek to recover that property in this action.1 Jurisdiction is founded upon 26 U.S.C. § 7426(a). Contending that the action is time-barred, defendant United States moves for dismissal of the amended complaint, pursuant to Rule 12(b)...

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