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ERDHEIM v. C.I.R.

No. 07 Civ. 8415.

661 F.Supp.2d 405 (2009)

Michael ERDHEIM, Plaintiff, v. COMMISSIONER of INTERNAL REVENUE, Defendant.

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

September 3, 2009.

Attorney(s) appearing for the Case

Mr. Michael Erdheim, New York, NY, pro se.

Preet Bharara, United States Attorney for the Southern District of New York, by Li Yu, Esq., New York, NY, for Defendant.

OPINION

SWEET, District Judge.

The defendant, the Commissioner of Internal Revenue (the "Defendant" or the "IRS") has moved under Rules 12(b)(1) and 12(b)(6), Fed.R.Civ.P., to dismiss the first and third causes of action alleged in the complaint of the plaintiff, Michael Erdheim, pro se (the "Plaintiff" or "Erdheim"). Based upon the conclusions set forth below, the IRS's motion is granted and the first and third causes of action are dismissed...

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