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SPARER v. C. I. R.

No. 70 Civ. 664.

321 F.Supp. 497 (1970)

Sol S. SPARER, Plaintiff, v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Atlantic Services, Inc., Paco Industries, Inc. and Ivan A. Ezrine, Defendants.

United States District Court, S. D. New York.

December 30, 1970.

Attorney(s) appearing for the Case

Fred I. Sonnenfeld, New York City, for plaintiff.

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., for Commissioner of Internal Revenue Service by Brian J. Gallagher, Asst. U. S. Atty., New York City.

MANSFIELD, District Judge.

Plaintiff, the former President of Precision Apparatus, Inc. ("Precision"), brings this suit in an effort to avoid a suit for payment by him of a balance alleged by the Internal Revenue Service to be due on certain assessments made against Precision and certain of its officers, including plaintiff, for withholding taxes. The complaint seeks a judgment against the Commissioner of Internal Revenue declaring the assessment unlawful and restraining...

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