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ROCHEFORT v. GIBBS

No. K87-321 CA.

696 F.Supp. 1151 (1988)

Harlen ROCHEFORT, Plaintiff, v. Lawrence GIBBS, Internal Revenue Service Commissioner, Defendant.

United States District Court, W.D. Michigan, S.D.

July 5, 1988.

Attorney(s) appearing for the Case

Harlen Rochefort, Bridgman, Mich., in pro. per.

John A. Smietanka, U.S. Atty. by Janice Kittle Mann, Asst. U.S. Atty., Grand Rapids, Mich., and Daniel M. Houlf, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendant.

OPINION

BENJAMIN F. GIBSON, District Judge.

Plaintiff brings this "Bill to conserve present Rights From Possible Destruction or Serious Impairment" against Lawrence Gibbs as Commissioner of the Internal Revenue Service ("IRS"). Essentially, plaintiff challenges a statutory Notice of Deficiency sent to him by the IRS. Defendant moves for dismissal on the grounds of sovereign immunity and the Anti-Injunction Act. For the reasons that follow, defendant's motion...

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