MERTSCHING v. UNITED STATES

Civ. A. Nos. 80-K-1535, 80-K-1603, 80-K-1604, 80-K-1606 to 80-K-1615 and 80-K-1391.

547 F.Supp. 124 (1982)

William A. MERTSCHING, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Colorado.

September 10, 1982.


Attorney(s) appearing for the Case

Gloria T. Svanas, Odessa, Tex., Cecil A. Hartman, Englewood, Colo., for plaintiff.

Robert S. Horwitz, Tax Div., Dept. of Justice, Washington, D. C., Robert N. Miller, U. S. Atty., Denver, Colo., for defendant.


MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This case comes before me on the motion of the United States to dismiss pursuant to Rule 37(b) F.R.C.P. The plaintiff, a certified public accountant, has filed the fourteen above numbered cases against the United States. All of these cases allege that 26 U.S.C. § 6694 is facially unconstitutional. Each case is based upon the preparation of a taxpayer's return in which the plaintiff, as preparer, excluded...

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