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STRAWBERRY HILL PRESS, INC. v. SCANLON

Civ. No. 19257.

172 F.Supp. 335 (1959)

STRAWBERRY HILL PRESS, INC., Plaintiff, v. Thomas E. SCANLON, District Director of Internal Revenue for the District of Brooklyn, Defendant.

United States District Court E. D. New York.

March 10, 1959.

Attorney(s) appearing for the Case

O'Brien, Driscoll & Raftery, New York City, for plaintiff, Edmund C. Grainger, Jr., New York City, of counsel.

Charles K. Rice, Asst. Atty. Gen., Richard M. Roberts, Frank W. Rogers, Jr., Attys., Dept. of Justice, Washington, D. C., Cornelius W. Wickersham, Jr., U. S. Atty., Eastern Dist. of New York, Brooklyn, N. Y., for defendant, Irwin J. Harrison, Asst. U. S. Atty., Great Neck, N. Y., of counsel.

BRUCHHAUSEN, District Judge.

This is an action in which plaintiff seeks to enjoin defendant from enforcing collection of a penalty assessed by defendant for late filing of a federal corporate income tax return. Defendant now moves to dismiss the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A.

The facts are not in dispute. Taxpayer filed a delinquent tax return for the fiscal...

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