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WAGENKNECHT v. U.S.

No. 06-4161.

509 F.3d 729 (2007)

Carl R. WAGENKNECHT, Plaintiff-Appellant, v. UNITED STATES, Internal Revenue Service; Commissioner, Internal Revenue Service; Mark Everson; Lawrence Phillips, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 6, 2007.

Attorney(s) appearing for the Case

ON BRIEF: Regina S. Moriarty, Michael J. Haungs, United States Department of Justice, Washington, D.C., for Appellees. Carl R. Wagenknecht, Jr., Akron, Ohio, pro se.

Before: KEITH and GRIFFIN, Circuit Judges; VAN TATENHOVE, District Judge.

OPINION

VAN TATENHOVE, District Judge.

On March 30, 2006, Carl R. Wagenknecht, Jr., ("Wagenknecht") filed a complaint alleging a wrongful determination and levy on the part of the Internal Revenue Service ("IRS") and seeking a redetermination of the decision. On May 30, 2006, the district court sua sponte dismissed the portion of the complaint challenging the income tax levies for lack of subject matter jurisdiction...

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