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COLLORAFI v. UNITED STATES

No. CV 83-1034.

579 F.Supp. 506 (1983)

Peter S. COLLORAFI, et al., Plaintiffs, v. UNITED STATES of America, Defendant.

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

December 2, 1983.

Attorney(s) appearing for the Case

Adrienne L. Flipse, Williston Park, N.Y., for plaintiffs.

Raymond J. Dearie, U.S. Atty., E.D.N.Y., Brooklyn, N.Y., Thomas B. Roberts, Asst. U.S. Atty., Brooklyn, N.Y., James M. Shaker, Tax Div., Washington, D.C. (of counsel), for defendant.

Memorandum of Decision and Order

MISHLER, District Judge.

Plaintiffs seek a declaratory judgment pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201 that they are not subject to wage withholding by the Internal Revenue Service. The government moves to dismiss primarily on the ground that controversies over federal taxes are expressly excluded from the Declaratory Judgment Act. The Act provides:

In a case of actual controversy...

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