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FARNSWORTH & CHAMBERS COMPANY v. PHINNEY

Civ. A. No. 12590.

178 F.Supp. 330 (1959)

FARNSWORTH & CHAMBERS COMPANY, Inc., Plaintiff, v. Robert L. PHINNEY, Defendant.

United States District Court S. D. Texas, Houston Division.

November 12, 1959.

Attorney(s) appearing for the Case

Fulbright, Crooker, Freeman, Bates & Jaworski (Charles W. Hall and C. W. Wellen), Houston, Tex., for plaintiff.

Charles Mehaffey, Tax Division, Dept. of Justice, Washington, D. C., and William B. Butler, U. S. Atty., and Myron M. Sheinfeld, Asst. U. S. Atty., Houston, Tex., for defendant.

INGRAHAM, District Judge.

The case is before the court upon the defendant's motion to dismiss the taxpayer's complaint and upon the taxpayer's motion to produce documents. The question is whether the court has jurisdiction over an action for tax refund where the government has declined to proceed with civil proceedings for the collection of an alleged tax deficiency and where no notice of deficiency, assessment of tax...

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