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RUBY v. MAYER

Civ. Nos. 72-60, 83-60, 84-60, 264-60.

194 F.Supp. 594 (1961)

Myron M. RUBY, Plaintiff, v. Joseph F. J. MAYER, Director, et al., Defendants. Pearl M. Sacks FENTON, Plaintiff, v. Joseph F. J. MAYER, Director, et al., Defendants. Louis D. SACKS, Plaintiff, v. Joseph F. J. MAYER, Director, et al., Defendants. Max TRAUM, Plaintiff, v. Joseph F. J. MAYER, Director, et al., Defendants.

United States District Court D. New Jersey.

May 3, 1961.

Attorney(s) appearing for the Case

Crummy, Gibbons & O'Neill, Newark, N. J., for plaintiffs Ruby, Fenton and Sachs.

Starr & Weinberg, Newark, N. J., for plaintiff Traum.

Chester Weidenburner, U. S. Atty., Newark, N. J., for defendants.

SMITH, Chief Judge.

These are four related civil actions in each of which the plaintiff seeks to enjoin the collection of penalty assessments made by the Director of Internal Revenue pursuant to Sections 6671 and 6672 of Title 26 U.S.C.A., the Internal Revenue Code of 1954. The assessments were predicated on the alleged withholding tax liability of Sacks-Barlow Foundries, Inc., for the third and fourth calendar quarters of 1955, and the first calendar quarter of 1956...

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