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MILAZZO v. UNITED STATES

Civ. Nos. 83-1901-T, 83-1936-T, 83-1980-T and 83-2016-T.

578 F.Supp. 248 (1984)

Peter S. and Susan A. MILAZZO, Plaintiffs, v. UNITED STATES of America and Commissioner of Internal Revenue, Defendants. Stanley H. and Elizabeth S. CASE, Plaintiffs, v. UNITED STATES of America and Commissioner of Internal Revenue, Defendants. John F. DZIUBALA, Plaintiff, v. UNITED STATES of America and Commissioner of Internal Revenue, Defendants. James M., Jr. and Shelley BOYCE, Plaintiffs, v. UNITED STATES of America and Commissioner of Internal Revenue, Defendants.

United States District Court, S.D. California.

January 16, 1984.

Attorney(s) appearing for the Case

Peter and Susan Milazzo, plaintiffs pro se.

Stanley and Elizabeth Case, plaintiffs pro se.

Peter K. Nunez, U.S. Atty., Kathryn A. Snyder, Asst. U.S. Atty., San Diego, Cal., Nancy G. Morgan, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendants.

John F. Dziubala, plaintiff pro se.

James M. Jr. and Shelley Boyce, plaintiffs pro se.

ORDER

TURRENTINE, Chief Judge.

The plaintiffs in these actions filed what purport to be their income tax returns for 1982, refusing to furnish any financial data on the forms on the basis of their constitutional rights against self-incrimination. The Internal Revenue Service ("IRS") determined in each case that the purported tax return could not be processed and that it constituted a "frivolous" return within the meaning of § 6702 of the Internal Revenue...

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