FLANK v. SELLERS

No. 78 Civ. 5681 (PNL).

661 F.Supp. 952 (1987)

William H. FLANK, Plaintiff, v. Thomas D. SELLERS, Defendant.

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

May 21, 1987.


Attorney(s) appearing for the Case

William Flank, pro se.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City (Jordan Stanzler, Asst. U.S. Atty., of counsel), for defendant.


LEVAL, District Judge.

This is a motion by defendant Thomas Sellers, an IRS auditor, for summary judgment dismissing a taxpayer's personal suit against him. See Bivens v. Six Unknown Named Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). The taxpayer brought the action pro se after Sellers denied as untimely his formal refund claim for overpayment of his 1970 taxes. The complaint originally named the IRS, Sellers and...

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