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CURLEY v. U.S.

No. CV 89 1361 (ASC).

791 F.Supp. 52 (1992)

Margaret A. CURLEY, Plaintiff, v. The UNITED STATES of America, Defendant.

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

March 25, 1992.

Attorney(s) appearing for the Case

Robert F. Hermann, Hermann & Bateman, Westfield, N.J., for plaintiff Margaret Curley.

Eugene J. Rossi, Peter Sklarew, Trial Attys., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant U.S.

MEMORANDUM AND ORDER

CHREIN, United States Magistrate Judge.

By stipulation of the parties, this case is to be tried before the undersigned on April 6, 1992. At this juncture, plaintiff has moved to dismiss the tax assessment levied against her as invalid and void ab initio; or, in the alternative, to shift the burden of proof at trial to the United States.

I. FACTUAL BACKGROUND

Plaintiff, Margaret Curley, is the seventy year old...

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