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UNITED STATES v. PACK

Civ. A. Nos. 3454, 3455.

288 F.Supp. 901 (1968)

UNITED STATES of America, Plaintiff, v. Harry PACK and Anna Pack, Defendants. UNITED STATES of America, Plaintiff, v. David PACK and Rene Pack, Defendants.

United States District Court D. Delaware.

June 10, 1968.

Attorney(s) appearing for the Case

Alexander Greenfeld, U. S. Atty., Wilmington, Del., Robert E. Ferguson, Dept. of Justice, Washington, D. C., for plaintiff.

S. Samuel Arsht and Johannes R. Krahmer, Morris, Nichols, Arsht & Tunnell, Wilmington, Del., for defendants.

OPINION

LAYTON, District Judge.

On December 14, 1967, the United States filed complaints in two separate actions asking that this Court reduce to personal judgment certain deficiencies in income taxes determined by the Tax Court of the United States. Defendants, before answering, filed motions to dismiss pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. Defendants' argument is that inasmuch as the...

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