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WEISS v. UNITED STATES

No. 70 Civ. 1037.

381 F.Supp. 1002 (1974)

Max WEISS, Plaintiff, v. UNITED STATES of America, Defendant.

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

June 5, 1974.

Attorney(s) appearing for the Case

Max Weiss, pro se.

Paul J. Curran, U. S. Atty., New York City, by T. Gorman Reilly, Asst. U. S. Atty., New York City, for defendant.

OPINION

WHITMAN KNAPP, District Judge.

Plaintiff taxpayer faces the heavy burden of establishing that the Commissioner's factual finding was without rational basis. Commissioner of Internal Revenue v. Hansen (1959) 360 U.S. 446, 468, 79 S.Ct. 1270, 3 L.Ed.2d 1360; Turner Construction Company v. United States (2d Cir. 1966) 364 F.2d 525, 527-528; Oliver v. Commissioner of Internal Revenue ...

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