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GOLDSMITH v. SCANLON

Civ. A. No. 18208.

157 F.Supp. 307 (1958)

Nathan GOLDSMITH and Isidor Goldsmith, Plaintiffs, v. Thomas E. SCANLON, District Director of the Internal Revenue Service, Willis C. Lawrence, Chief, Collection Division of the Internal Revenue Service, and Jesse Aber, a Collection Officer of the Internal Revenue Service, each acting as such for the Brooklyn District of New York, sued herein individually and as public officers, Defendants.

United States District Court E. D. New York.

January 2, 1958.

Attorney(s) appearing for the Case

Harold Davis, New York City, for plaintiffs.

Cornelius W. Wickersham, Jr., U. S. Atty. for the Eastern Dist. of New York, Brooklyn, N. Y., for defendants, L. Donald Jaffin, Asst. U. S. Atty., Brooklyn, N. Y., and Paul L. Meaders, Sp. Atty., I. R. S., New York City, of counsel.

BYERS, District Judge.

These are cross-motions for (1) a temporary injunction sought by plaintiffs, and (2) for dismissal of the suit by defendants for lack of jurisdiction, and failure to state a claim, etc.

There is no material issue of fact to be tried, since the sole controversy concerns the validity of an assessment made on December 23, 1954 against each plaintiff. If it was valid, the defendants' motion should be granted; if not, it should be denied...

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