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KAUFMAN v. SCANLON

No. 64-C-1114.

245 F.Supp. 352 (1965)

Julius J. KAUFMAN, Plaintiff, v. Thomas E. SCANLON, District Director of Internal Revenue, Defendant.

United States District Court E. D. New York.

May 27, 1965.

Attorney(s) appearing for the Case

David S. Meyer, New York City, for plaintiff.

Joseph P. Hoey, U. S. Atty., Eastern Dist. of New York, for defendant; Barry Bloom, Asst. U. S. Atty., Charles A. Simmons, Dept. of Justice Washington, D. C., of counsel.

ROSLING, District Judge.

Defendant, District Director of Internal Revenue (Director), moves for an order pursuant to Fed.R.Civ.P. 12(b) dismissing the complaint for alleged lack of jurisdiction which the complaint bottoms on 28 U.S.C. §§ 1340, 1345 and 26 U.S.C. § 66721 of the Internal Revenue Code of 1954 (IRC).

The action is brought by a taxpayer against the Director and seeks a judgment enjoining him from collecting...

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