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PHILADELPHIA & READING CORP. v. BECK

Nos. 81-1623, 81-1648.

676 F.2d 1159 (1982)

PHILADELPHIA & READING CORPORATION, Plaintiff-Appellant, v. Roger C. BECK, District Director, Internal Revenue Service, Defendant-Appellee. PHILADELPHIA & READING CORPORATION, Plaintiff-Appellee, v. Roger C. BECK, District Director, Internal Revenue Service, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 20, 1982.

Rehearing and Rehearing Denied June 7, 1982.

Attorney(s) appearing for the Case

Glen H. Kanwit, Hopkins & Sutter, Chicago, Ill., for plaintiff-appellant/plaintiff-appellee.

Carleton D. Powell, Tax Div., Dept. of Justice, Dept. of Justice, Tax Division, Washington, D.C., for defendant-appellant/defendant-appellee.

Before CUMMINGS, Chief Judge, SWYGERT, Senior Circuit Judge, and POSNER, Circuit Judge.

Rehearing and Rehearing En Banc Denied June 7, 1982.

CUMMINGS, Chief Judge.

Philadelphia & Reading Corporation (taxpayer) sued the District Director of the Internal Revenue Service for the Chicago District (IRS) to enjoin the collection of approximately $14,000,0001 in federal income taxes on the ground that the prerequisite assessments of a tax deficiency were illegal. The illegality supposedly stemmed from the IRS's failure...

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