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MALKIN v. U.S.

Docket No. 00-6083.

243 F.3d 120 (2001)

Stanley L. MALKIN, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: March 12, 2001.

Attorney(s) appearing for the Case

Jared J. Scharf, White Plains, New York, for Plaintiff-Appellant.

Karen B. Konigsberg, Assistant United States Attorney, New York, New York (Mary Jo White, United States Attorney for the Southern District of New York, Jeffrey S. Oesteric her, Assistant United States Attorney, New York, New York, on the brief), for Defendant-Appellee.

Before: NEWMAN and KEARSE, Circuit Judges, and KORMAN, Chief District Judge.

KEARSE, Circuit Judge:

Plaintiff Stanley L. Malkin appeals from a judgment entered in the United States District Court for the Southern District of New York following a bench trial before Whitman Knapp, Judge, dismissing his complaint seeking a refund of income taxes for the year 1979 on the ground that the statute of limitations had run prior to the assessment by the Internal Revenue Service ("IRS") of a deficiency. On appeal, Malkin contends principally that...

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