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ESTATE OF MICHAEL EX REL. MICHAEL v. LULLO

No. 98-1196.

173 F.3d 503 (1999)

ESTATE OF Mansy Y. MICHAEL, by David MICHAEL, Executor, Plaintiff-Appellant, v. M.J. LULLO, District Director of Internal Revenue Service, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 2, 1999.

Attorney(s) appearing for the Case

ARGUED: George Edward Cranwell, Cranwell & O'Connell, Arlington, Virginia, for Appellant. Michelle Bachand O'Connor, Tax Division, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Loretta C. Argrett, Assistant Attorney General, Helen F. Fahey, United States Attorney, Richard Farber, Edward T. Perelmuter, Tax Division, United States Department of Justice, Washington, D.C., for Appellee.

Before HAMILTON, LUTTIG, and KING, Circuit Judges.

Reversed and remanded by published opinion. Judge KING wrote the majority opinion, in which Judge HAMILTON joined. Judge LUTTIG wrote a dissenting opinion.

OPINION

KING, Circuit Judge:

We are presented with the question of whether the district court had jurisdiction to entertain a taxpayer's mandamus action against the District Director of the Internal Revenue Service (IRS) and, if it did, whether it should have granted the writ compelling the District...

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