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FRANKLET v. UNITED STATES

Nos. C-83-3938-WWS, C-83-3939-WWS, C-83-3957-WWS, C-83-3958-WWS, C-83-4003-WWS, C-83-4004-WWS, C-83-4218-WWS and C-83-4219-WWS.

578 F.Supp. 1552 (1984)

Sharon FRANKLET, Plaintiff, v. UNITED STATES of America, Defendant. Dinah BACHRACH, Plaintiff, v. UNITED STATES of America, Defendant. John W. McCHESNEY-YOUNG and Ann L. McChesney-Young, Plaintiffs, v. UNITED STATES of America, Defendant. Kolya M. BRAUN, Plaintiff, v. UNITED STATES of America. Mary McKENNA, Plaintiff, v. UNITED STATES of America, Defendant. James T. AYERS, Plaintiff, v. UNITED STATES of America, Defendant. Judith L. KAPLAN, Plaintiff, v. UNITED STATES of America, Defendant. Timothy A. PEARCE, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. California.

January 9, 1984.

Attorney(s) appearing for the Case

Ralph Johansen, San Francisco, Cal., for plaintiffs.

Michael D. Howard, Asst. U.S. Atty., San Francisco, Cal., for defendant.

MEMORANDUM OF OPINION AND ORDER

SCHWARZER, District Judge.

In these eight related actions, taxpayers have challenged penalties assessed against them by the Internal Revenue Service for filing "frivolous" 1982 income tax returns. Defendant has moved to dismiss the actions for failure to state a claim on which relief can be granted or alternatively for summary judgment. Plaintiffs have made cross-motions for summary...

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